ILNews

Court grants transfer to uninsured motorist case

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The Indiana Supreme Court has granted transfer to a case about whether an insurance company's automobile policy violates the state's uninsured motorist statute.

The issue in Maggie and Leonard Bush v. State Farm Mutual Automobile Insurance Co., No. 71A03-0706-CV-286, is whether State Farm's policy violates the state's uninsured motorist statute because it requires an insured person sustain bodily injury and not just damages because of the conduct of an uninsured driver before uninsured motorist benefits are available.

The Bushes' son was killed in a car accident in New Mexico in which he was the passenger in a car driven by an uninsured motorist. The driver was negligent in the accident. The son didn't live with his parents nor did he have his own auto insurance policy, but the Bushes had a policy with State Farm.

They filed a claim for uninsured motorist benefits to compensate them for the damages they suffered as a result of their son's death; State Farm denied the claim because the son wasn't insured under the policy because he didn't live with his parents at the time of his death. The claim was also denied because the Bushes didn't suffer "bodily injury" as defined under the policy.

The trial court granted State Farm summary judgment on the Bushes' complaint for breach of contract and declaratory judgment. The Indiana Court of Appeals reversed, with the majority finding State Farm's policy, which purports to limit recovery of uninsured motorist benefits only to situations when the insured sustains bodily injury, violates Indiana's uninsured motorist statute. The majority remanded with instructions to enter summary judgment in favor of the Bushes.

Judge Michael Barnes dissented because he didn't believe the Bushes were covered under Indiana's uninsured motorist statute under the set of facts in this case.

The case was granted transfer Oct. 9 but wasn't released until Oct. 15.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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