Anderson v. Mullinax

Fletcher, Presiding Justice.

The issue in this granted certiorari is whether an uninsured motorist (UM) carrier may set off medical payments made by the tortfeasor’s insurance carrier. Because the policy at issue in this case contains no provision for such a set-off, we hold that set-off is not permissible and reverse.

Jamie Anderson was injured while a passenger in a car driven by Meagan Mullinax. Cincinnati Insurance Company, which provided automobile liability insurance to Meagan’s parents, paid Jamie’s medical expenses under the medical payments coverage, but denied all other liability for…