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Uninsured motorist coverage claim

May 26, 2010
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Trial Report

Michael Dec Jr. and Pamela M. Dec v. Encompass Insurance

Lake Superior Court No. 45D05-0606-CT124

Injuries:
Soft tissue; cervical strain and aggravation of pre-existing asymptomatic arthritis

Date: Feb. 8-10, 2010

Judge or Jury Trial: Jury trial

Judge: Hon. William Davis

Disposition: $40,000 compensatory

Plaintiff Attorney: Kenneth M. Wilk, Highland

Defendant Attorney: William K. Deer, Merrillville

Insurance:
Encompass Insurance

Case Information: Plaintiff passenger in stopped SUV was rear-ended at 35 mph by another SUV. Plaintiff treated for about a year, including injections, followed by a hiatus of three years, after which plaintiff resumed treatment.

PPI rating of 8 percent.

Jury was informed that plaintiff’s billed medical (expenses) were $46,583.40 but that only $24,704.47 were actually paid.

Jury was also informed that plaintiff recovered policy limits of $50,000 from primary carrier and was making claim against her own carrier for UIM.

Encompass offered $5,000; declined by plaintiffs.•

– Kenneth M. Wilk

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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