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Man wins partial victory in appeal of insurance dispute

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The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.

Kristen Dawn struck Michael Weist with her car, injuring him. Her insurance provider was State Farm Insurance Cos. Several days after the Sept. 2, 2010, accident, State Farm claim representative Barb Easley called Weist and admitted Dawn’s liability and that he was entitled to damages in the form of lost wages, pain and suffering, and payment for medical bills.

For the next two years, Weist underwent treatment for his injuries and spoke with Easley on the matter. She contacted his doctors for medical records. In August, 2012, his case was transferred to Ashanda Dunigan. When Weist called Easley in November 2012, he was transferred to Dunigan, who told him she could not assist him because the two-year statute of limitations had run.

Weist sued, and the trial court granted summary judgment in favor of Dawn and State Farm, ruling “There exists no genuine issue of material fact as to whether (Dawn and State Farm) are equitably estopped from asserting the Statute of Limitations as affirmative defenses.”

The Court of Appeals reversed with respect to Dawn, citing a two-part test outlined in Davis v. Shelter Insurance Cos., 957 N.E.2d 995 (Ind. Ct. App. 2012), to determine the availability of equitable estoppel.

“Weist’s allegations, if proven, would fall within the parameters of Davis’s requirement of a promise to settle under the first part of the test, thereby establishing a dispute of material fact,” Senior Judge John Sharpnack wrote in Michael Weist v. Kristen Dawn and State Farm Insurance Companies, 49A02-1306-PL-541.

There are also genuine issues of material fact as to whether State Farm’s conduct on behalf of Dawn induced Weist to delay action.

The judges affirmed summary judgment for State Farm based on the direct action rule, which bars a third party from pursuing a claim based on the actions of an insured directly against an insurer.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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