Opinions May 7, 2024
Indiana Supreme Court
Christine Cosme and Roy Cosme v. Debora A. Warfield Clark, Dan Churilla d/b/a Churilla Insurance, and Erie Insurance Exchange
24S-CT-159
Civil tort. Affirms the Lake Superior Court’s directed verdict for Churilla Insurance. Finds that, lacking evidence on the duty element of their professional-negligence claim, the Cosmes cannot meet the quantitative prong of the directed verdict standard. Reverses the trial court’s directed verdict for Erie Insurance Exchange. Finds the trial court erred in directing the verdict for Erie Insurance Exchange. Also finds a reasonable jury could find that the insurance policy was still in effect at the time of the accident, and that Erie’s communications in cancelling the policy and its subsequent denial of the Cosmes’ insurance claim were a bad-faith breach of contract. Remands for further proceedings.