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Appeals panel reverses judgment favoring insurer

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A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.

The Indiana Court of Appeals Friday reversed Porter Superior Judge Roger V. Bradford’s grant of summary judgment in Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group, 64A03-1309-CT-359. Anderson was injured when her car was struck by a motorist during the course of her employment.

She received more than $81,000 in worker’s compensation benefits and $25,000 from the other motorist’s insurer, but she had a policy with Indiana Insurance with an underinsured motorist coverage limit of $100,000.

Because she had received more than her coverage limit, Indiana Insurance refused to pay, and Bradford found for the insurer when Anderson sued.

The appeals panel turned to a recent ruling, Justice v. Am. Family Mut. Ins. Co. (filed March 13, 2014), Ind. No. 49S02-1303-PL-221, to determine whether the policy was consistent with state statutes.

“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 (the underinsured motorist) 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,” Judge Elaine Brown wrote for the court.

“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. … For the foregoing reasons, we reverse the trial court’s grant of summary judgment to Indiana Insurance and remand for proceedings consistent with this opinion.”
   
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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