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Supreme Court grants transfer to insurance case

May 9, 2016

The Indiana Supreme Court accepted one case out of the 24 cases up for transfer last week, a case involving a lawsuit seeking underinsured motorist coverage.

In State Farm Mutual Automobile Insurance v. Carol Jakubowicz, 45S05-1605-CT-253, the Court of Appeals reversed summary judgment for Carol Jakubowicz after it said she did not file her lawsuit to recover underinsured motor coverage within three years of her car accident.

The Court of Appeals acknowledged that Jakubowicz’s policy contains similar language as that in Wert v. Meridian Security Ins. Co., 997 N.E.2d 1167 (Ind. Ct. App. 2013), a case with a similar issue in which the judges found the insurance policy to be ambiguous. But “none of the language in State Farm’s policy would support Jakubowicz’ argument that she was required to wait before filing her claim against the underinsured motor coverage until the limits (of the other driver’s) insurance had been exhausted,” Judge Patricia Riley wrote in the case.

Justice Steven David did not participate in the decisions to deny transfer to Zolo Agona Azania v. State of Indiana, 02A03-1509-CR-1408, and Town of Whitestown, Ind. v. Rural Perry Township Landowners, 29A05-1409-MI-437. Justice Robert Rucker voted to grant transfer in Henry G.L. McCullough, et al. v. Citimortgage Inc., 71A03-1509-MF-1349.

The complete transfer list is available for the week ending May 6 is available on the court’s website.
 

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