By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.
In Allied Property and Casualty Insurance Co. v. Linda Good and Randall Good, 938 N.E.2d 227 (Ind. Ct. App. 2010), the Indiana Court of Appeals had to determine what “ever” meant on the Goods’ insurance application when it came to whether the homeowners’ insurance coverage was ever “declined, cancelled, or non-renewed.” One appellate judge felt the application field about past insurance cancellations was unclear as to whether “ever” included all insurance companies or just Allied.
Allied claimed Linda Good misrepresented her insurance cancellation history on its application. The Goods sued Allied for breach of contract after the insurer held off paying a claim on a fire that destroyed the Goods’ home.
The justices had granted transfer in June, but now the Court of Appeals’ decision that reversed the $1 million jury award of damages to Linda will stand. Justice Steven David voted to grant transfer to the case.