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SLOAN v. MOTORISTS MUT. INS. CO.

Nos. 03-1488, 03-1688.

368 F.3d 853 (2004)

Anne SLOAN; Larry Sloan, Plaintiffs — Appellees, v. MOTORISTS MUTUAL INSURANCE COMPANY, Defendant — Appellant. Anne Sloan; Larry Sloan, Plaintiffs — Appellants, v. Motorists Mutual Insurance Company, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2004.

Rehearing and Rehearing Denied July 7, 2004.

Attorney(s) appearing for the Case

Joseph M. Rogers, argued, West Memphis, AR, for appellant.

Timothy O. Dudley, argued, Little Rock, AR (Kent J. Rubens of West Memphis, AR on the brief), for appellee.

Before BYE, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 7, 2004.

BYE, Circuit Judge.

These appeals arise out of an action for underinsured motorist (UIM) benefits. Motorists Mutual Insurance Company (MMIC), the UIM carrier, appeals the district court's order denying its motion to offset a $100,000 jury award by $100,000 the tortfeasor paid to settle the underlying negligence claim. Anne and Larry Sloan appeal the district court's order offsetting the verdict by $12,251...

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