Appeals court affirms partial judgment in insurance dispute

December 12, 2014

A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.

The panel found the trial court did not err in granting partial summary judgment for Motorists Mutual Insurance Company, one of two carriers that provided coverage for a Kenworth of Indianapolis truck driver who was injured in a crash.

Marion Superior Judge Robert Altice Jr. ruled in Central Mutual Insurance Company v. Motorists Mutual Insurance Company, 49A04-1405-CT-214, that it was undisputed that Motorists’ $1 million uninsured motorists coverage was excess to the $1 million coverage limit afforded by Central’s policy. For that reason, “(W)e cannot say that the trial court erred in entering summary judgment in favor of Motorists,” Judge Elaine Brown wrote in an opinion joined by Judge Cale Bradford.

Judge Michael Barnes concurred in a separate opinion, applying different reasoning to reach the same result.



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