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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

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  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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