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Parents cannot each recover under policy's underinsured motorist provisions

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The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.

In Monte Hanna and Kim Hanna v. Indiana Farmers Mutual Insurance Company, No. 18A04-1106-PL-305, parents Monte and Kim Hanna received $50,000 from the insurer of one of the driver’s involved and $250,000 from the insurer of the driver of the vehicle Casey Hanna was riding in.

The Hannas also sought to recover the $250,000 per person limit under their UIM endorsement, which would be adjusted based on the amount they received from the drivers’ insurers. They claimed since neither of the parents received the “per person” limit of the UIM coverage in the amount of $250,000, then the vehicles involved in the accidents should be considered underinsured.

The trial court granted summary judgment for Indiana Farmers Mutual Insurance, finding the Hannas have only one, joint derivative claim and are subject to the $250,000 per person limit of their Indiana Farmers’ policy. They received $300,000 from the drivers, so they are not underinsureds.

The COA agreed after examining the policy language and the Child Wrongful Death Act, finding the two are precluded from asserting a claim on their own or under common law.  

“Pursuant to the CWDA, it is apparent that the parents of a minor child can maintain a single, joint claim for the death of their minor child. In other words, nothing in the statute permits each parent to maintain a separate wrongful death claim in his or her own right,” wrote Judge John Baker.


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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