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Judges send insurance case back to trial court

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The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.

American Family Mutual Insurance denied Howard Justice’s claim under his policy for underinsured motorist coverage. Justice, an Indianapolis city bus driver, was injured in an accident with another driver. That driver’s insurer paid the policy limit of $25,000 to Justice. He also was paid more than $77,000 in benefits in workers’ compensation coverage under his employer’s policy.

Justice’s policy limits with American Family were $50,000 per person and $100,000 per accident in underinsured motorist coverage.

American Family argued at the trial level that the workers’ compensation setoff provision reduced the limits of the liability policy so that its liability under the policy was zero.

The appellate judges cited Beam v. Wausau, 765 N.E.2d 524, 528 (Ind. 2002), a similar case from the Supreme Court, to support their ruling reversing summary judgment. The justices held the trial court erred by reducing the damages award by the gross amount of workers’ compensation benefits paid. The Supreme Court held that the exclusion called for a reduction of damages by any amount of workers’ compensation benefits received for the same element of damages insured by the policy.

“In this case, the trial court’s order granting summary judgment reflects, without opinion, its agreement with AFI that the setoffs should result in a reduction from the UIM policy limits. Under the rationale of Beam, however, this is incorrect as a matter of law. After a determination of liability and damages, Justice’s damages award should be reduced by the $25,000.00 recovery from Wagner and the percentage of worker’s compensation benefits paid to Justice based upon Wagner’s percentage of comparative fault, up to a maximum of $25,000.00,” wrote Judge James Kirsch.

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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