It's in the Superior Court of Jeffersom County. Robinson v. Austin Case #04CV00283
ORDER
Defendant State Farm Insurance filed a motion for summary judgment, contending State Farm was not obligated to provided uninsured motorist benefits to Plaintiff in this action. The Court has studied the briefs submitted by the parties and reviewed the record and pleadings which are on file in and for this case.
The Court finds the case of Thurman v. State Farm applies. Specifically, because Plaintiff is required to reimburse Medicaid for medical expenses, the Medicaid lien creates uninsured motorist exposure for State Farm up to the amount of the lien. The amount to be reimbursed to Medicaid constitutes a reduction of the limits of the available liability coverage.
WHEREFORE, it is hereby ORDERED that Defendant State Farm's Motion for Summary Judgment is Denied.
My comment: Great job!
The Court finds the case of Thurman v. State Farm applies. Specifically, because Plaintiff is required to reimburse Medicaid for medical expenses, the Medicaid lien creates uninsured motorist exposure for State Farm up to the amount of the lien. The amount to be reimbursed to Medicaid constitutes a reduction of the limits of the available liability coverage.
WHEREFORE, it is hereby ORDERED that Defendant State Farm's Motion for Summary Judgment is Denied.
My comment: Great job!
