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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...