Underinsured Motorist Benefits: CINCINNATI INS. CO. V. SAMPLES (SC; 5/18/2006)

CINCINNATI INS. CO. V. SAMPLES
INSURANCE: Underinsured Motorist Benefits (UIM)(future medicals)
2004-SC-000005-DG.pdf 2004-SC-000680-DG.pdf
PUBLISHED 
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
DATE:  5/18/2006

The trial court erred by deducting from the judgment the $25,000.00 awarded by the jury for future medical expenses in the absence of proof that any part of that sum has been paid either to the injured plaintiff or on his behalf for medical expenses incurred as a result of this accident.

Every jury award of future medical expenses carries with it the possibility of a windfall. As in AIK v. Bush (and today’s decision in AIK v. Minton), the windfall should be awarded to the injured party, not the UIM insurer who stands in the shoes of the tortfeasor.

Michael Stevens, ed.