COA allows insurance dispute to proceed

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The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.

In Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Co., No. 12A02-1010-CT-1414, homeowners Michael and Katherine Dodd admit that they made material misrepresentations on their application for homeowner’s insurance with American Family Mutual Insurance Co. when only Michael applied for the insurance and left Katherine off of the policy. A previous fire had destroyed the home owned by Katherine that she and Michael lived in before they were married, resulting in that insurer declining to renew the policy after reimbursement. After they rebuilt, Michael was the only one listed on the application with American Family.

Michael and Katherine married in 2000, a couple years after the original fire. Three years later, the Dodds’ garage and its contents were destroyed by a fire. While investigating the Dodds’ claim, American Family learned about the fire that had destroyed the Dodds’ previous home. The insurer denied their claim, said they would not renew the policy, and did not return the Dodds’ premiums until after final judgment was entered in January 2011 in American Family’s favor on the Dodds’ suit for breach of contract and intentional infliction of emotional distress.

The Court of Appeals found Michael’s misrepresentations made the insurance policy voidable at American Family’s option, but not void from the outset, in part based on how the policy is written. The Dodds argued that American Family failed to effectively exercise its option to void the policy because it didn’t return the Dodds’ premiums until after entry of final judgment.

The record doesn’t reveal whether American Family ever offered to return the premiums directly to the Dodds, so there are disputes of material fact as to whether the insurer effectively rescinded the policy after discovering the material misrepresentations and, if not, whether American Family breached the policy by denying the Dodds’ claim.

The judges upheld summary judgment on the issue of the Dodds’ claims for punitive damages and intentional infliction of emotional distress because the Dodds abandoned them during trial court proceedings.

The case was remanded for further proceedings.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.