FARMERS INS. EXCHANGE v. FORKEY

Case No. 2:09-cv-00462-GMN-GWF.

764 F.Supp.2d 1205 (2010)

FARMERS INSURANCE EXCHANGE, Plaintiff, v. Leona FORKEY, et al., Defendants.

United States District Court, D. Nevada.

December 29, 2010.


Attorney(s) appearing for the Case

Jeffrey D. Olster , Lewis Brisbois Bisgaard & Smith, LLP, Jennifer A. Gjovig , Kemp, Jones & Coulthard, LLP, Las Vegas, NV, for Plaintiff.

Christian Smith , David L. Thomas , G. Dallas Horton , Monte Hall , G. Dallas Horton & Associates, Roger W. Wenthe , U.S. Attorney's Office, Las Vegas, NV, for Defendants.


ORDER

GLORIA M. NAVARRO, District Judge.

On March 17, 2007, David H. Forkey ("the Decedent") was struck by a vehicle while he was crossing the street in a crosswalk, and Medicare paid his accident-related medical costs. As a result of his injuries, Mr. Forkey passed away the following day. Defendant Leona Forkey ("Forkey"), who is not and was not a Medicare beneficiary, made a claim against the insurance proceeds of the Underinsured Motorist ("UM") provision...

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