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Posted by: Brittany Sims on Sep 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Jessica C. McAfee, Greeneville, Tennessee, for the appellant, Elite Oncology Medical Group.

Attorneys 2:

Ronald W. Woods and Brandy M. Burnette, Greeneville, Tennessee, for the appellee, Barbara Jean Clendenon, Personal Representative of the Estate of Todd P. Clendenon.

Judge(s): SUSANO

This case involves a claim filed against the Estate of Todd Clendenon. Elite Oncology Medical Group filed the claim seeking payment for medical treatment and services rendered to the decedent. Barbara Jean Clendenon, the decedent’s wife and his Personal Representative, moved the probate court to designate as “exempt funds” the monies paid to the decedent under his health insurance policy. The payments included those pertaining to the treatment and services the decedent received from Elite. Following a hearing, the trial court granted the motion. The court determined that payments made by the health insurance carrier that were deposited into the Estate’s bank account after the death of the decedent were exempt from the claims of creditors pursuant to Tenn. Code Ann. § 26-1-110 (2010). Elite appeals. We affirm.