Troise Brinsfield, et al. v. Estate of Jeremiah Harrison, et al. - 8/29/12

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Wednesday  August 29, 2012 
2:00 PM  EST

2 p.m. 49A05-1111-CT-564. Troise Brinsfield and her mother-in-law, Carol, were involved in an automobile accident with a vehicle driven by Jeremiah Harrison. Indiana Insurance Co. insured the vehicle driven by Troise; Harrison’s vehicle was uninsured. Troise, her husband Scott, and Carol filed a complaint against Harrison’s estate alleging negligence, and against Indiana Insurance Co. seeking uninsured motorist benefits and alleging breach of the duty of good faith and fair dealing. As part of their bad faith claim, the Brinsfields sought damages for emotional distress. Indiana Insurance filed a motion for summary judgment as to the bad faith claim, which the trial court denied as to the reasonableness of its delay in paying benefits, but granted as to the request for emotional distress damages. The Brinsfields appeal the trial court’s partial grant of summary judgment to Indiana Insurance, raising the issue of whether emotional distress damages are available in a breach of good faith and fair dealing claim.

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