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COOK v. HUMANA HEALTH CARE PLAN, INC.

No. 22A01-9404-CV-122.

636 N.E.2d 166 (1994)

Verna Marie COOK and Richard R. Fox, Appellants-Plaintiffs, v. HUMANA HEALTH CARE PLAN, INC., Appellee-Defendant.

Court of Appeals of Indiana, First District.

June 23, 1994.

Attorney(s) appearing for the Case

Richard R. Fox, Steven A. Gustafson, New Albany, for appellants.

Kenneth R. Abbott, Jeffersonville, Mark Dobiesc, Pro Hac Vice, Louisville, for appellee.

BAKER, Judge.

In this case, we decide whether an insurance company is statutorily bound to pay its share of the insured's attorney's fees that secured reimbursement for benefits previously paid. Appellants-plaintiffs Verna Marie Cook and Richard R. Fox (collectively Fox) contest the grant of summary judgment in favor of appellee-defendant Humana Health Care Plan, Inc., denying Fox's claim for attorney's fees under IND. CODE § 34-4-41-4 (Supp. 1994) (Cost Statute...

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