Insurance company may have waived its right to enforce conditional sale policy exclusion

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UNPUBLISHED

Joel Stoffel appeals the trial court’s grant of summary judgment in favor of United Farm Family Mutual Insurance Company (“United Farm”). The restated issue is whether the trial court properly concluded that Stoffel is not entitled as a matter of law to coverage under an automobile insurance policy United Farm issued.

Conclusion (slip op. at 9):  There is a genuine issue of material fact as to whether United Farm waived its right to enforce the conditional sale policy exclusion. We reverse the granting of summary judgment to United Farm.

Key Analysis (slip op. at 5-6, 8):  Conduct of an insurer that is inconsistent with an intention to rely on the requirements of the policy leading the insured to believe that those requirements will not be insisted upon is sufficient to constitute waiver . . . It is United Farm’s position that it would have denied any claim of any kind made by Stoffel with respect to the Buick during the time it was the subject of the conditional sale to Rahschulte. This is inconsistent with United Farm continuing to collect premiums for the policy, with the Buick being the only vehicle on that policy, after United Farm’s agent had actual knowledge of the conditional sale.

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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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