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Friday, October 30, 2009

Ind. Decisions - Supreme Court decides one today

In Ezra Bradshaw v. Gary Chandler and Affirmative Insurance Company, a 7-page, 5-0 opinion, Chief Justice Shepard writes:

A provision of the automobile insurance policy at issue here precludes any recovery under its uninsured motorist provisions unless the proceeding commences within two years after the accident. Injured driver Bradshaw first sued driver Chandler and Bradshaw’s insurance company mentioning only his policy’s underinsured motorist provisions. More than two years after the accident, Bradshaw learned that Chandler was excluded from the insurance policy on the vehicle he had been driving. Bradshaw amended his complaint to include his policy’s uninsured motorist coverage provisions. The parties ask us to determine whether bringing suit against Chandler and Bradshaw’s insurance company under the underinsured motorist section of the policy met the policy’s requirements. We hold that it did.

Posted by Marcia Oddi on October 30, 2009 02:17 PM
Posted to Ind. Sup.Ct. Decisions