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Thursday, May 29, 2014

Ind. Decisions - Supreme Court decides one today

In Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire & Marine Insurance Co. d/b/a Zurich Northland Insurance Co., Travelers Indemnity Co. of America, a 6-page, 5-0 opinion, Justice Massa writes:

Derek Asklar appeals the trial court’s order of summary judgment capping Empire Fire and Marine Insurance Co.’s liability for underinsured motorist coverage at $75,000. Because the truck at issue was registered and garaged in Indiana, we agree with our Court of Appeals that Indiana law applies. But as issues of material fact remain regarding the applicable level of coverage, we reverse the trial court and remand for further proceedings. * * *

Because we agree with our Court of Appeals and Appellants that Indiana law applies, but find questions of fact unresolved by the record before us, we reverse the decision of the trial court and remand for further proceedings consistent with this opinion.

Posted by Marcia Oddi on May 29, 2014 12:27 PM
Posted to Ind. Sup.Ct. Decisions