Wednesday, September 24, 2008 by Bose McKinney Evans
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Roy and Vanda Beatty appeal the trial court’s order dismissing their action against Liberty Mutual Fire Insurance Company (“Liberty Mutual”), Liberty Mutual Insurance Group, Indiana Insurance Company, Wausau Insurance Companies, Peerless Insurance Company, Hawkeye-Security Insurance Company, First Liberty Insurance Corporation, and John Doe Insurance Companies (collectively, with the exception of Liberty Mutual, referred to as “the Insurance Defendants”). The Beattys raise five issues for our review. However, we consider only the question of whether the Beattys can maintain this action in the Marion Superior Court or whether this action must be dismissed because the same or a substantially similar action is pending in the Marion Circuit Court.
Conclusion (slip op. at 14-15): In sum, the Marion Superior Court properly dismissed the Beattys’ action against Liberty Mutual because an action that is substantially the same is pending in the Marion Circuit Court. Further, having affirmed the Marion Superior Court’s dismissal of the Beattys’ action against Liberty Mutual, we must also conclude that the Beattys lack standing against the remaining named defendants, none of whom injured the Beattys. As such, the Beattys lack standing to continue their action against the Insurance Defendants either individually or as a class action, and we affirm the Marion Superior Court’s dismissal of the Beattys’ complaint.