ILNews

Uninsured coverage doesn't include property damage in hit-and-run accident

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.

No one was injured in the accident involving Bryan Robinson and an unidentified driver, but Robinson’s car was totaled. It was covered under a policy with Erie Insurance Exchange. Robinson and his mother Shannon filed a claim, but Erie denied coverage. The trial court entered summary judgment in favor of the insurer, but the Court of Appeals reversed.

In Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange, 49S02-1311-PL-733, Shannon and Bryan Robinson argued that Gillespie v. GEICO Gen. Ins. Co., 850 N.E.2d 913 (Ind. Ct. App. 2006), mandates that the Erie policy provide coverage for property damage sustained by their vehicle in the hit-and-run accident.

But the Supreme Court noted the differences in policy language between the Geico policy and the Erie policy at issue.  

“In the context of a hit-and-run driver causing an accident, the availability of uninsured motorists coverage (which depends on whether the other vehicle fits one of the three Erie policy meanings for ‘uninsured motor vehicle’) is solely determined by the third meaning, which expressly includes a ‘hit-and-run motor vehicle’ whose driver and owner are unknown, but only if the other vehicle causes bodily injury to the insured,” Chief Justice Brent Dickson wrote. “These provisions are not ambiguous and do not require the application of rules of construction. Because personal injury did not result to Bryan Robinson in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle. The trial court was correct to grant Erie’s motion for summary judgment.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT