Tuesday, December 05, 2006
Ind. Decisions - One Indiana case today from the 7th Circuit
In Lummis v. State Farm Insurance (SD Ind., David F. Hamilton, Judge), a 5-page opinion, Evans writes:
Most people who watch television can sing it: “Like a good neighbor, State Farm is there.” John Lummis thinks State Farm should have been, but wasn’t, “there” for him after a fire destroyed his home in Jamestown, Indiana. And State Farm’s refusal to cover the loss gave birth to this litigation, which ultimately included a jury trial and a prior ruling on a motion for summary judgment that took a critical issue out of the jury’s hands. Only the summary judgment matter is before us on Lummis’s appeal. * * *
Lummis did not meet his burden of showing a genuine issue of material fact as to whether State Farm acted with a dishonest purpose, moral obliquity, furtive design, or ill will when it denied his claim. Magwerks, 829 N.E.2d at 977. This conclusion makes it unnecessary for us to consider State Farm’s cross-appeal which challenges the district court’s reasoning that Indiana law did not require a clear and convincing evidence standard for a badfaith claim. The judgment of the district court is AFFIRMED.
Posted by Marcia Oddi on December 5, 2006 01:28 PM
Posted to Ind. (7th Cir.) Decisions