ILNews

Insurer loses appeal over matter litigated elsewhere

Back to TopCommentsE-mailPrintBookmark and Share

An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.

The Indiana Court of Appeals affirmed a Marion Superior order to set aside an earlier entry of summary judgment in favor of the insurance company in Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham, 49A02-1310-CT-898.

Diana Graham and Janet Heitkamp were involved in an auto accident after which Heitkamp sued in a South Bend small claims court in an attempt to recoup her deductible. The court, though, found Heitkamp was at fault for the crash. Geico was notified of the ruling, according to the record, but later sued Graham in Marion Superior Court seeking to recover more than $7,500 it paid to Heitkamp, again claiming Graham was at fault.

Representing herself in Marion Superior Court, Graham presented no evidence or the prior ruling in her favor during a hearing at which the trial court granted summary judgment in favor of Geico. Counsel later filed a motion to set aside, which was granted.

“Geico’s Marion Superior Court claim against Graham was derivative of Heitkamp’s St. Joseph county small claim against Graham,” Judge Paul Mathias wrote for the panel. “Accordingly, the trial court did not err in granting Graham’s motion to set aside the judgment on the grounds that Geico’s current claim against her is barred by the claim preclusion branch of the doctrine of res judicata.”
   
 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT