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SHIRLEY v. RUSSELL

No. 94S00-9511-CQ-1271.

663 N.E.2d 532 (1996)

SHIRLEY, Margaret, Individually, and as co-personal representative of the Estate of Loren M. Shirley, deceased, and C. Thomas Wagner, as co-personal representatives of the Estate of Loren M. Shirley, deceased, Plaintiffs-Appellees, v. RUSSELL, Gerald R., and Elmer Buchta Trucking, Incorporated, Defendants-Appellants.

Supreme Court of Indiana.

March 28, 1996.

Attorney(s) appearing for the Case

G. Byron Overton, Richard C. Rusk, Rusk & Overton, Washington, for Appellees.

D. Timothy Born, Shawn M. Sullivan, Lacey, Terrell, Annakin, Heldt & Baugh, Evansville, for Appellants.

SULLIVAN, Justice.

In response to a certified question from the United States Court of Appeals for the Seventh Circuit,1 we hold that the monthly survivor benefits paid to the surviving spouse of the decedent in this case constitute "insurance benefits for which the plaintiff or members of the plaintiff's family have paid for directly" within the meaning of Indiana Code § 34-4-36-2(1)(B). As such, evidence of such benefits is not...

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