Baxley v. Nationwide Mutual Insurance

LEWIS, Judge.

There are two primary questions presented to this Court on appeal in this declaratory judgment action: 1) was the defendant insurance company entitled to a credit for medical payments of $10,000.00 made to the plaintiff against the' final jury verdict of $100,000.00, and 2) was the defendant obligated to pay any portion of the interest awarded to the plaintiff because the obligation falls on the primary carrier?

On 17 January 1987, Anita Brown, who was driving her car, hit a car in which the plaintiff, Della Baxley, was a passenger. Plaintiff Baxley suffered bodily injuries and…