Justice v. American Family Insurance

Indiana Supreme Court reversed grant of summary judgment to American Family and held that plaintiff is entitled to recover the remaining $25,000 from American Family under the terms of his underinsured motorist policy limit because the set-off using workers’ compensation benefits in his case would reduce the policy below the statutory minimum. The policy explicitly stated that wok comp benefits set-off reduced the limits of liability, and in this case would bring the policy limits below the statutory minimum.

www.in.gov/judiciary/opinions/pdf/03131401mm.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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