MARLATT v. UNITED FARM BUR. FAM. INS. CO.

No. 16A01-9401-CV-3.

640 N.E.2d 1073 (1994)

Frank A. MARLATT, Wayne Marlatt and Lois A. Hatfield, Personal Representative of the Estate of Edgar A. Marlatt, Appellant-Plaintiffs, v. UNITED FARM BUREAU FAMILY LIFE INSURANCE COMPANY, Successors to Hoosier Farm Bureau Life Insurance Company, Appellee-Defendant.

Court of Appeals of Indiana, First District.

September 19, 1994.


Attorney(s) appearing for the Case

Robert J. Eder, Earnest, Foster, Eder, Levi & Northam, Rushville, for appellant.

Sheila M. Flynn and James W. Treacy, Treacy, Grossman & Sullivan, Indianapolis, for appellee.


BAKER, Judge.

Today, we decide a question of first impression in Indiana: Is an insurance company required to pay its insured for medical expenses when Medicare covers the same expenses?

Appellants-plaintiffs Frank A. Marlatt, Wayne Marlatt and Lois A. Hatfield, Personal Representative of the Estate of Edgar A. Marlatt, (collectively Estate) contest the summary judgment in favor of the appellee-defendant United Farm Bureau Family Life Insurance Co. (UFB)....

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