ILNews

Court rules on underinsured motorists coverage

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals ruled today on when injured claimants in an automobile accident can seek to recover more money under a single Uninsured and Underinsured Motorist policy.

In Auto-Owners Insurance Co. v. David Eakle, et al., the court used previous cases Allstate Ins Co v. Sanders 644 N.E.2d 884, 887 (Ind. Ct. App. 1994) and Grange Ins. Co v. Graham 843 N.E.2d 597, 599 (Ind. Ct. App. 2006) to determine the trial court erred in denying Auto-Owners judgment on the pleadings and summary judgment and ruling that the Eakles receive summary judgment.

In 2003, David Eakle and his parents, Helen and Leon, were seriously injured in an automobile accident when Lavern Weddel failed to stop at a red light in Indianapolis. Weddel died as a result of the accident. The Eakles, along with David's wife, Melissa, filed a claim with Weddel's insurer, Indiana Insurance Co. and received the accident policy limit of $500,000. Helen received $245,000, Leon received $160,000; David received $90,000, and Melissa was awarded $5,000.

The Eakles' vehicle was insured through Auto-Owners, which provided uninsured and underinsured motorist (UIM) coverage of $500,000 per person and $500,000 per accident. The Eakles filed a claim with Auto-Owners for coverage payments under their UIM endorsement of the policy, which Auto-Owners denied, saying Weddel's vehicle was not underinsured.

The Eakles then brought a lawsuit against Auto-Owners for breach of contract and seeking a declaratory judgment that they were entitled to the compensation under the UIM claims with their insurance policy. The trial court ruled in favor of the Eakles.

The Court of Appeals examines the core issue of the case - whether Weddel's vehicle was underinsured. Auto-Owners wants the court to compare the per accident limit of Weddel's bodily injury liability policy, which was $500,000, to the per accident limit of the Eakles' UIM policy, which is also $500,000. The Eakles argue the court should compare the per person limit of each Eakle's UIM coverage, which is $500,000, to the amount actually available for payment to each Eakle under the agreement with Weddel's insurer, which does not total $500,000 for each injured party.

The opinion, authored by Judge Darden with Judges Sharpnack and Robb concurring, finds that Weddel's vehicle was not underinsured, using Graham and Sanders as guides because those cases also involved multiple injured claimants seeking to recover under a single UIM policy.

Darden wrote, "The designated evidence demonstrates that the amount of $500,000 paid to the Eakles by tortfeasor-Weddel's insurance was not less than, but equivalent to the UIM limits available to the Eakles for a multiple person accident in the amount of $500,000.00 under their Auto-Owners policy."

The court found that Weddel's vehicle was not underinsured and that the trial court erred in denying Auto-Owners' motion for judgment on the pleadings and its alternative motion for summary judgment. The COA reversed the trial court's decision and remanded with instruction that the trial court grant summary judgment in favor of Auto-Owners.
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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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