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MIDTOWN CHIROPRACTIC v. ILLINOIS FARMERS

No. 49S02-0503-CV-00096.

847 N.E.2d 942 (2006)

MIDTOWN CHIROPRACTIC, Appellant (Plaintiff below), v. ILLINOIS FARMERS INSURANCE COMPANY, Appellee (Defendant below).

Supreme Court of Indiana.

May 23, 2006.

Attorney(s) appearing for the Case

James F. McCarthy, III, Jerome C. Bishop, Katz, Teller, Brant & Hild, Cincinnati, OH, Michael B. Langford, A. Jack Finklea, Scopelitis, Garvin, Light & Hanson, Indianapolis, for Appellant.

Laura S. Reed, Riley Bennett & Egloff, LLP, Indianapolis, for Appellee.

Ind. State Chiropractic Assoc., John P. Lowry, Boehm, Kurtz & Lowry, Cincinnati, OH, Mark K. Sullivan, Tabbert, Hahn, Earnest & Weddle, LLP, Indianapolis, for Amici Curiae.

John C. Trimble, Richard K. Shoultz, Lewis Wagner, Indianapolis, for Insurance Institute of Ind., Inc., Property Casualty Insurers Association of America.

DICKSON, Justice.

In this appeal, a chiropractic clinic seeks to assert an assignment signed by its patient to collect from a liability insurance company that paid the patient's personal injury tort claim not-withstanding the clinic's notice to the company of the assignment. The trial court granted summary judgment to the defendant, Illinois Farmers Insurance Company, and the Court of Appeals reversed, Midtown Chiropractic v. Illinois Farmers Ins., ...

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