Justices grant transfer to insurance dispute in fatal trucking accident

The Indiana Supreme denied transfer to nine cases last week but granted transfer in one involving insurance coverage in a fatal trucking accident.

Justices were unanimous in granting transfer to Progressive Southeastern Ins. Co. v. Bruce A. Brown, et al., 21S-CT-496. In that case, the Indiana Court of Appeals ruled that an endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving trucker Bruce Brown.

In December 2017, Brown crossed a median while driving a work truck owned by B&T Bulk and collided with a car, killing the other driver. Brown’s truck wasn’t listed on B&T’s policy with Progressive Southeastern Insurance Company at the time.

When Progressive refused to defend and indemnify B&T, the Cass Circuit Court ruled that Progressive had no duty to defend or indemnify B&T but that a MCS-90 endorsement did apply.

Oral arguments in the case had not been scheduled as of IL deadline.

The high court declined to hear the remaining cases up for transfer, including Cynthia Rossner v. Take Care Health Systems, LLC, et al., 20A-CT-1955. There, the COA affirmed judgment in favor of several health care entities that operate a wellness center at the University of Notre Dame.

Cynthia Rossner alleged in a medical malpractice lawsuit that the health care entities failed to meet the reasonable and accepted standard of medical care that, in turn, was a proximate cause of her husband’s paralysis after he received treatment there as an employee. Justice Steven David would have granted transfer in the case.

Justices also refused to hear Windy City Acquisitions, LLC v. Estate of Leland Simms, et al., 20A-TP-2347, to which Chief Judge Loretta Rush would have granted transfer.

The COA reversed the Lake Circuit Court’s denial of Windy City Acquisition’s petition for a tax deed for failing to give adequate notice as required by Indiana Code §§ 6-1.1-25-4.5 and -4.6. Instead, the appellate court found that Windy City complied with notice requirements when it posted additional notice on the property itself.

The  full list of transfer decisions for the week ending Oct. 29 can be found here.  

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