ILNews

Injured man who sued estate can only recover insurance policy limits

Back to TopCommentsE-mailPrintBookmark and Share

A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.

Paige Winn and Michael Davis were in a car accident on Oct. 12, 2007. Winn died June 8, 2008, from causes unrelated to the accident. Davis asked for an estate to be opened and then filed a complaint on Sept. 25, 2009, claiming Winn negligently operated her car. He sought to recover for personal injuries and lost wages.

A jury awarded Davis $60,000, which the trial court entered into judgment. The estate sought to correct the judgment to say that Davis could not collect from the estate because he didn’t timely file his claim and that the recovery was limited under the amount available through Winn’s insurance liability policy. The trial court denied the estate’s motion.

The Court of Appeals found Davis’ claim against the estate was not timely filed within nine months of Winn’s death, as outlined in I.C. 29-1-14-1, so he cannot recover any money from the estate.

“However, pursuant to the clear language of Indiana Code section 29-1-14-1(f) and the Indiana Supreme Court’s holding in (Indiana Farmers Mutual Insurance Co. v. Richie, 707 N.E.2d 992 (Ind. 1999)), Davis may recover the funds available under the limits of Winn’s insurance liability policy from Winn’s insurance carrier,” Judge Cale Bradford wrote in John M. Mayer, Jr., as Special Administrator of the Estate of Paige R. Winn, Deceased v. Michael. W. Davis, 22A01-1212-CT-570.  

The appeals court declined to conclude that the trial court abused its discretion in denying the motion to amend the judgment because the judgment is valid despite the fact that any portion of the judgment in excess of Winn’s insurance liability policy limits can’t be recovered from the estate.

“The Estate has pointed to no authority suggesting that a judgment is void merely because it is unenforceable, and we find none,” he wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT