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Friday, May 02, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (1):

In Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group, an 18-page opinion, Judge Brown writes:

Christine Anderson appeals the trial court’s grant of the motion for summary judgment filed by Indiana Insurance Company (“Indiana Insurance”), a member of Liberty Mutual Group. Anderson raises one issue which we revise and restate as whether the trial court erred in granting summary judgment in favor of Indiana Insurance. We reverse and remand. * * *

Whether the Setoff Provision Contravenes Ind. Code §§ 27-7-5. We next turn to whether the Policy is consistent with our state statutes. We find Justice v. Am. Family Mut. Ins. Co. (filed March 13, 2014), Ind. No. 49S02-1303-PL-221, instructive. * * *

Here, the trial court ordered that Anderson could not recover anything from Indiana Insurance because she had received $25,000 from Cox and $81,166.15 in worker’s compensation benefits and the sum of these amounts exceeded the policy limit of $100,000. Based upon Justice, we conclude that the trial court erred in finding that Anderson could not recover anything from Indiana Insurance. In other words, if Cox had carried the required amount of liability insurance, depending on her total damages Anderson may have received $50,000 in addition to the $81,166.15, and the purpose of the uninsured/underinsured motorist statute is to put her in that position. In light of that statutory purpose, we conclude that Anderson may be entitled to recover the remaining $25,000 from Indiana Insurance depending on her total damages. See Justice, slip op. at 12-13; cf. Hardiman v. Governmental Interinsurance Exch., 588 N.E.2d 1331, 1335 (Ind. Ct. App. 1992) (“Since Hardiman received the statutory minimum, we find G.I.E.’s application of the worker’s compensation set-off provision does not violate public policy.”), trans. denied.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Marc M. Lindsey v. State of Indiana (NFP)

Posted by Marcia Oddi on May 2, 2014 11:21 AM
Posted to Ind. App.Ct. Decisions