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ELLIOTT v. ALLSTATE INS. CO.

No. 49S02-0704-CV-143.

881 N.E.2d 662 (2008)

Austin J. ELLIOTT, b/n/f William K. Elliott, and Amber Elliott b/n/f William K. Elliott, Appellants (Plaintiffs below), v. ALLSTATE INSURANCE COMPANY, Appellee (Defendant below).

Supreme Court of Indiana.

February 28, 2008.

Attorney(s) appearing for the Case

Michael L. Hanley, Indianapolis, IN, Attorney for Appellants.

Richard P. Samek, Larry L. Barnard, Fort Wayne, IN, Attorneys for Appellee.

Robert B. Clemens, George T. Patton, Jr., Bryan H. Babb, Indianapolis, IN, Attorneys for Amici Curiae Insurance Institute of Indiana, Inc., National Association of Mutual Insurance Companies, and Property Casualty Insurers Association of America.

SULLIVAN, Justice.

In July 2000, Amanda Elliott was in an automobile accident caused by Andrea Carmona; Carmona was driving an uninsured auto. Amanda and Amber Elliott (Amanda's 15-year-old sister) and Austin Elliott (Amanda's three-year-old son), who were passengers in Amanda's car, each sustained bodily injuries. Amanda's injuries were exceptionally severe and nearly fatal. Amber and. Austin each suffered emotional distress from witnessing Amanda's injuries.

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