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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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