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Man wins partial victory in appeal of insurance dispute

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The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.

Kristen Dawn struck Michael Weist with her car, injuring him. Her insurance provider was State Farm Insurance Cos. Several days after the Sept. 2, 2010, accident, State Farm claim representative Barb Easley called Weist and admitted Dawn’s liability and that he was entitled to damages in the form of lost wages, pain and suffering, and payment for medical bills.

For the next two years, Weist underwent treatment for his injuries and spoke with Easley on the matter. She contacted his doctors for medical records. In August, 2012, his case was transferred to Ashanda Dunigan. When Weist called Easley in November 2012, he was transferred to Dunigan, who told him she could not assist him because the two-year statute of limitations had run.

Weist sued, and the trial court granted summary judgment in favor of Dawn and State Farm, ruling “There exists no genuine issue of material fact as to whether (Dawn and State Farm) are equitably estopped from asserting the Statute of Limitations as affirmative defenses.”

The Court of Appeals reversed with respect to Dawn, citing a two-part test outlined in Davis v. Shelter Insurance Cos., 957 N.E.2d 995 (Ind. Ct. App. 2012), to determine the availability of equitable estoppel.

“Weist’s allegations, if proven, would fall within the parameters of Davis’s requirement of a promise to settle under the first part of the test, thereby establishing a dispute of material fact,” Senior Judge John Sharpnack wrote in Michael Weist v. Kristen Dawn and State Farm Insurance Companies, 49A02-1306-PL-541.

There are also genuine issues of material fact as to whether State Farm’s conduct on behalf of Dawn induced Weist to delay action.

The judges affirmed summary judgment for State Farm based on the direct action rule, which bars a third party from pursuing a claim based on the actions of an insured directly against an insurer.

 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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