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TORT REPORT: State Supreme Court allows plaintiffs to continue to recover phantom damages

The Wisconsin Supreme Court ruled in Orlowski v. State Farm Auto. Ins. Co. (2012 WI 21) that, like other personal injury cases, in those cases involving uninsured motorist coverage, the plaintiff is entitled to the full amount of past medical expenses, even those amounts that were written off by the medical providers as a result of a contractual agreement between the medical provider and health insurer.

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