Derek Asklar, et al. v. David Gilb, et al. - 10/31/13

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Thursday  October 31, 2013 
9:45 AM  EST

9:45 a.m. 02S03-1305-CT-332. At issue in this appeal is the amount of underinsured motorist coverage available to the plaintiff, Derek Asklar, under an insurance contract between Empire Fire and Marine Insurance and the company that was leasing Asklar’s services. The trial court awarded partial summary judgment to Empire, concluding the coverage limit was $75,000. The Court of Appeals affirmed in part and reversed in part, holding among other things that the named insured’s rejection of full underinsured motorist coverage complied with Indiana law. Asklar v. Gilb, 979 N.E.2d 664 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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