American Standard can set off payments made by State Farm under its Underinsured Motorist Coverage

To access case, press here

Brenda and Darren Wagner (“the Wagners”) appeal from the Floyd Superior Court’s grant of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin (“American Family”). The Wagners argue whether the terms of American Family’s underinsured motorist policy reduce American Family’s risk exposure under the policy to zero.
Conclusion (slip op. at 6):  We conclude that the trial court appropriately granted American Family’s motion for summary judgment because there were no genuine issues of material fact remaining.  Affirmed.
Key Analysis (slip op. at 6):  We conclude that American Family may set-off payments made by State Farm . . . If State Farm pays the limits of its policy, then American Family could set off an additional $50,000. If American Family set off both the $50,000 paid by Allstate and the $50,000 hypothetically paid by State Farm, then American Family would have reached its policy limits and have no further exposure under its policy.

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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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