Howard Justice v. American Family Mutual Insurance Co. - 9/5/13

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Thursday  September 5, 2013 
9:45 AM  EST

9:45 a.m. 49S02-1303-PL-221. After Howard Justice was injured in an automobile accident, he received $25,000 from the other driver's insurer, which was the limit of the driver's policy, and more than $70,000 in worker's compensation benefits. Justice then filed a complaint against his automobile insurer, seeking payment under the policy's $50,000 underinsured motorist coverage. American Family contends that after applying the policy's set off provision to the amounts received by the insured, it owes no obligation under its policy. The Marion Superior Court entered summary judgment for American Family. The Court of Appeals reversed.

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