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Court affirms judgment in favor of insurer over fire damages

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An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.

In Daryl Schweitzer and Lynn Schweitzer v. American Family Mutual Insurance Company and Jennifer Gholson Insurance Agency, 45A03-1307-CT-248, the Indiana Court of Appeals Tuesday affirmed summary judgment for defendants who provided total payments of $326,040 after a fire in December 2009.

The Schweitzers argued their losses substantially exceeded the policy limit, that American Family had acted in bad faith, and that they should have been beneficiaries of a practice requiring agents to write policies for full replacement value.

But Jennifer Gholson, the independent agent, argued she made no representation that the policy provided full replacement value and that under Myers v. Yoder, 921 N.E.2d 880 (Ind. Ct. App. 2010), the court rejected the notion that a general duty of care requires insurance agents to perform a replacement-cost estimate before issuing policies.

In this case, the court found a special relationship did not exist between Gholson and the Schweitzers and that the policy had been taken out less than a year before the fire.

"Based upon the designated evidence," Judge Elaine Brown wrote for the panel, "we find the Schweitzers are not entitled to additional payments under their homeowners insurance policy and that the trial court did not err in granting summary judgment.”
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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