COA: Government vehicle exclusion is void

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The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.

The issue arose in Cincinnati Insurance Co. v. James and Jan Trosky, et al., No. 29A02-0902-CV-148, in which Cincinnati argued Indiana substantive law should apply in determining whether government vehicles could be excluded from the definition of underinsured motor vehicle in the policies of the parties involved in the litigation. Courtland Brown, Kyle Trosky, and Kaitlin Culpepper were driving home from Florida in a car owned by Brown's parents. Culpepper was a permissive driver at the time of the accident, in which their car collided with one owned by the Florida Highway Patrol. Trosky was killed and Culpepper was injured.

The families sought excess underinsured motorist coverage from Cincinnati, which provided excess UIM coverage to the Browns; and from State Farm Fire, which provided excess UIM coverage to the Troskys. The trial court applied Florida substantive law to determine the exclusion of government vehicles was void as against public policy. The court granted summary judgment for the Troskys in their motion for summary judgment against Cincinnati and State Farm Fire, and granted Culpepper's motion for partial-summary judgment against Cincinnati.

The appellate court agreed with Cincinnati that Indiana substantive law should have been applied, which hasn't addressed this question. The Court of Appeals ultimately agreed with cases from other jurisdictions that held government vehicle exclusions from the definition of underinsured motorist in insurance polices are void because they are against public policy.

"Our UM/UIM statutes mandate minimum coverage, and the insurance policy exclusions for government-owned vehicles deny coverage, where it is required by statute," wrote Judge Ezra Friedlander. "These exclusions conflict with the express language of the statute by narrowing the definition of underinsured motor vehicles, and are void as against public policy."

The appellate court also agreed with cases from other jurisdictions that held the sovereign immunity defense isn't available to UIM carriers who argue that once the statutory cap has been paid by the governmental unit, the insured is no longer "legally entitled to recover."

The FHP vehicle was underinsured, and the trial court correctly determined Culpepper was entitled to recover from the Cincinnati personal liability umbrella policy, wrote the judge. The appellate court also affirmed the decision that the Troskys could recover under the Cincinnati, State Farm Fire, and their State Farm Auto policy's UIM provisions for Kyle's wrongful death; and that the Troskys should first recover under Kyle's auto policy, and then receive pro rata coverage from Cincinnati and State Farm Fire, wrote Judge Friedlander.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

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  3. 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.

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

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