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Type
Opinion
Filed
April 23, 2025
Case
Citizens Ins Co of the Midwest v. Samuel McNeeley
Case status
Decided

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Opening text

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NOT RECOMMENDED FOR PUBLICATION File Name: 25a0216n.06 No. 23-1794 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 23, 2025 KELLY L. STEPHENS, Clerk CITIZENS INSURANCE COMPANY OF THE ) ) MIDWEST, ) Plaintiff-Appellant, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN SAMUEL GENE MCNEELEY; SUSAN ) HENDRIX, ) OPINION Defendants-Appellees. ) ) Before: SUTTON, Chief Judge; GRIFFIN and MATHIS, Circuit Judges. GRIFFIN, Circuit Judge. In this insurance dispute, plaintiff Citizens Insurance Company of the Midwest seeks reimbursement from defendant Dr. Samuel McNeeley for alleged overpayment of underinsured- motorist benefits. Citizens seeks a declaration that, under its policy terms, it overpaid on McNeeley’s claim and was entitled to reimbursement in the amount paid by McNeeley’s other insurer, non-party Allstate Insurance Company. The district court dismissed Citizens’ declaratory- judgment action, concluding that Citizens did not overpay. We affirm. I. In 2017, McNeeley was walking across a street when Sergui Cascaval struck McNeeley with his car. McNeeley’s injuries were serious and ended his career as a physician. No. 23-17…

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