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Judges rule in favor of insured

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The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.

Laverna Ewing was injured when Brent Vannorman’s vehicle hit hers from behind. She filed a complaint for damages against Vannorman within the two-year statute of limitations applicable to her bodily injury claims. She settled for his policy limits, which didn’t cover all her expenses, so she filed an underinsured motorist claim with her insurer, Auto-Owners Insurance Co. This claim came outside of the statute of limitations.

Auto-Owners denied her claim, arguing that she had to file it with them within the two-year limit. The trial court granted summary judgment in favor of Ewing and the executors of her estate, finding the underinsured motorist coverage contractual limitation provision is unenforceable because it is vague and ambiguous.

The Court of Appeals affirmed in Auto-Owners Insurance Company v. Cathy Benko and Gerald Ewing, as Executors of the Estate of Laverna Ewing, Deceased, No. 75A04-1108-CT-440, with Judge John Baker writing, “We conclude that the plain language of the provision would lead an ordinary policyholder to believe that they were required to bring a bodily injury claim against the alleged tortfeasor within the applicable statute of limitations, which occurred in this case. Additionally, if the insurance company intended a different interpretation, it should have stated so in plain English so that their policyholders understand what is necessary to protect their interests and collect their benefits under the policy.”

The judges also upheld the denial of Auto-Owners’ motion to strike the appellees’ July 21, 2011, supplemental designation of evidence that it had argued was untimely.  


 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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