United States Sixth Circuit

In circumstances where, prior to filing bankruptcy, bankruptcy debtors were involved in an automobile accident, judgment on the pleadings for an insurer is affirmed where the insurer, via a subrogation clause in bankruptcy debtors' insurance policy, acquired a pre-petition interest in the first $3,000 the debtors may obtain from an underlying defendant in a personal injury suit.

Appellate Information

• Decided 10/27/2006
• Published 10/27/2006

Judges

• Before:  MERRITT and MOORE, Circuit Judges;  COLLIER, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Bruce Comly French, Lima, Ohio, Ryan Q. Ashworth, Ada, Ohio, for Appellant.  Louis F. Solimine, Thompson Hine, Cincinnati, Ohio, Curtis L. Tuggle, Thomson Hine, Cleveland, Ohio, for Appellees.