Opinions June 30, 2025
Indiana Court of Appeals
Erie Insurance Exchange v. State Farm Mutual Automobile Insurance Company
24A-CT-2747
Civil tort. Reverses Howard Superior Court Judge Matthew Elkin’s order of partial summary judgment in favor of State Farm and, instead, order the trial court to issue an order granting Erie Insurance Exchange’s motion for partial summary judgment. Finds that when the Indiana Legislature enacted specific priority rules for bailees under Indiana Code § 27-8-9-11, courts must not attempt to parse competing “other insurance” clauses that are functionally identical but use different terminology. Also finds courts are bound to follow the statute when multiple policies offering the same type of coverage conflict. Remands for further proceedings. Attorneys for appellant: Jonathan Bucher, Kevin Lichtenberger. Attorneys for appellee: Mark Alderfer, Christopher Appel.