Claim for uninsured motorist benefits time-barred


Ezra Bradshaw appeals the trial court’s grant of summary judgment in favor of Affirmative Insurance Company, Bradshaw’s insurer, disposing of Bradshaw’s claim for uninsured motorist benefits. On appeal, Bradshaw raises one issue, which we restate as whether the trial court properly concluded Bradshaw’s claim was time-barred pursuant to the two-year limitation period of the parties’ auto insurance policy.
Conclusion (slip op. at 10):  The trial court properly found Bradshaw’s claim for uninsured motorist benefits was time-barred and therefore properly granted affirmative summary judgment.
Key Analysis (slip op. at 5, 10):  If an insurance policy provision limits the time in which a suit may be commenced, the provision is valid unless it contravenes a statute or public policy . . . There are policy reasons why the limitation provisions in insurance policies should be strictly adhered to, which include providing carriers with a basis for forming business judgments concerning claim reserves and premium rates.

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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