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Monday, February 09, 2015

Ind. Decisions - Supreme Court reinstates July 30th COA ruling in insurance coverage case

On Thursday, Feb. 5th the Supreme Court heard oral argument in the case of Selective Insurance Company of South Carolina and 500 Rangeline Road, LLC v. Erie Insurance Exchange. In an order dated Feb. 6th and released this morning, the Court orders, by a 3-2 vote:

By order dated December 18, 2014, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Selective Insurance Co. of South Carolina v. Erie Insurance Exchange, 14 N.E.3d 105 (Ind. Ct. App. 2014), should be reinstated as Court of Appeals precedent.

Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

The vote:
Dickson, Rucker, and Massa, JJ., concur.
Rush, C.J., and David, J., dissent from the denial of transfer.
The vote in the now reinstated July 30, 2014 COA opinion was 2-1.

Posted by Marcia Oddi on February 9, 2015 09:56 AM
Posted to Ind. Sup.Ct. Decisions