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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowMichael 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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