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Justices rule on uninsured motorist statute

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In an issue of first impression, the Indiana Supreme Court had to decide whether an insurance company's uninsured motorist policy - which requires the bodily injury be sustained by an insured - violates the state's uninsured motorist statute and is unenforceable. The high court unanimously affirmed summary judgment Wednesday in favor of the insurance company, ruling Indiana Code clearly defines uninsured motorist coverage only for an insured's bodily injury.

In Maggie and Leonard Bush v. State Farm Mutual Automobile Insurance Co., No. 71S03-0810-CV-558, Maggie and Leonard Bush sued State Farm, their insurer, following the death of their adult son in a car accident in which he was a passenger. The Bushes claimed they sustained damages arising out of the conduct of an uninsured motorist and the insurer's failure to provide uninsured motorist benefits was a breach of the insurance contract. State Farm denied coverage because their son didn't live with his parents at the time of the accident and wasn't considered an "insured" under their policy.

The trial court granted summary judgment to State Farm because it ruled their son wasn't covered by the policy because he didn't meet the policy's definition of "relative" and wasn't an insured. The trial court didn't address the Bushes' argument that the company's policy violated the uninsured motorist statute, Indiana Code Section 27-7-5-2.

The Indiana Court of Appeals reversed, finding the exclusion of coverage for the son violated Indiana statute.

The Supreme Court examined the uninsured motorist statute, which clearly defines uninsured motorist coverage only for the "insured's" bodily injury, and ruled State Farm's policy is consistent with the statute by requiring the insured sustain bodily injury to trigger uninsured motorist coverage, wrote Justice Theodore Boehm.

In addition, the high court's ruling is supported by caselaw, including Ivey v. Massachusetts Bay Insurance Co., 569 N.E.2d 692, 693 (Ind. Ct. App. 1991), and Armstrong v. Federated Mutual Insurance Co., 785 N.E.2d 284, 293 (Ind. Ct. App. 2003).

Bodily injury to an insured doesn't cover emotional distress, unless it arises out of bodily touching, which isn't the case here, so the Bushes can't recover under that theory.

Even though this is an issue of first impression here, other states have interpreted their statutes to require injury be sustained by an insured.

"In short, the clear weight of authority from other jurisdictions supports our conclusion that Indiana's uninsured motorist statute requires coverage only for bodily injuries sustained by an insured," wrote Justice Boehm.

Justice Boehm also noted that the couple, in their individual capacities, aren't "legally entitled to recover" damages for their son's death; an Adult Wrongful Death Act claim would have to be filed by the estate.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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