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Saturday, October 10, 2009

Ind. Decisions - Supreme Court accepts certified insurance question from the SD Ind.

By this Order filed Oct. 5th, 2009, the Indiana Supreme Court has accepted a certified question from the United States District Court for the Southern District of Indiana, New Albany Division. From the Order:

The question arises in Auto-Owners Insurance Company a/s/o David M. Brown v. Carolyn Young d/b/a Peddlers Corner Café, Case No. 4:08-cv-160-SEB-WGH (S.D. Ind.). The question, as framed by the federal district court, is: “Whether, absent an express agreement to the contrary, a tenant should be deemed a co-insured under a fire insurance policy held by that tenant’s landlord.”
Here is federal district judge Sarah Evans Barker's 7-page Order dated Sept. 15th, 2009. A quote:
Moreover, although the issue arguably does not rise to the level of being a “matter of vital public concern,” it relates to insurance law which is uniquely a state law matter, and the parties’ monetary stakes are substantial. Further, the fact that this issue has been presented in numerous other state and federal courts indicates that it is likely to recur. Finally, it is clear that Indiana courts have not heretofore had an opportunity to opine on this issue. The parties have not cited, nor has the Court discovered, any appellate decision in this state discussing or resolving the issue. Certification to the state supreme court is therefore appropriate, assuming the issue presented is in fact one of first impression. State Farm Mut. Auto. Ins. Co., 275 F.3d at 672 (citation omitted).

Posted by Marcia Oddi on October 10, 2009 09:52 AM
Posted to Ind. Sup.Ct. Decisions