Case Affirming UIM Policy Interpretation Favorable to Insurers

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Progressive Halcyon Insurance Company (“Progressive”) appeals the denial of its motion for summary judgment and the granting of the motions for summary judgment filed by Michael Petty and Autumn Petty on the issue of whether Michael and Autumn are entitled to underinsured motorist (“UIM”) coverage under Autumn’s policy with Progressive (“the Policy”).

Issue:  Are Michael and Autumn entitled to UIM coverage under the Policy?
Conclusion (slip op. at 17):  We conclude that Michael and Autumn are not entitled to UIM coverage under the Policy. Therefore, we reverse and remand with instructions to grant summary judgment in Progressive’s favor.  Reversed and remanded. 

Key Analysis (slip op. at 16, 17):  We conclude that the $50,000 threshold mentioned in I.C. 27-7-5-2(a) refers only to the $50,000 per-accident limits mentioned in I.C. 9-25-4-5 and that the minimum per-person UIM coverage is $25,000 . . . we conclude that [the] Policy does not provide less coverage than required by Indiana [law] . . . . although I.C. 27-7-5-4 is a full-recovery statute, “a full-recovery statute will not necessarily assure full indemnification for all potential damage to all potential insureds.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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