FILED May 30 2025, 8:54 am
CLERK Indiana Supreme Court Court of Appeals and Tax Court
IN THE
Court of Appeals of Indiana Aegean LLC d/b/a Public Agency Training Council, Appellant-Plaintiff
v.
Taggart Insurance Center, Inc., Appellee-Defendant
May 30, 2025 Court of Appeals Case No. 24A-PL-2270 Appeal from the Marion Superior Court The Honorable Christina R. Klineman, Judge Trial Court Cause No. 49D01-2102-PL-3913
Opinion by Judge Weissmann Judges May and Scheele concur.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 1 of 18 Weissmann, Judge.
[1] Aegean, LLC is in the business of training firefighters and police throughout the
United States. After discovering that its insurance policies did not cover
significant business losses from COVID-19-related cancellations, Aegean sued
its insurance broker, Taggart Insurance Center (Taggart), alleging that Taggart
negligently failed to advise Aegean about event cancellation insurance and to
procure such coverage for Aegean. Taggart moved for summary judgment,
alleging that Aegean’s complaint, filed four years after Aegean first received its
insurance policies, was untimely under the applicable two-year statute of
limitations. The trial court agreed and granted summary judgment to Taggart.
[2] Aegean appeals, claiming that the statute of limitations was effectively tolled by
Taggart’s representations and by an alleged special relationship between
Aegean and Taggart. According to Aegean, the representations and special
relationship imposed on Taggart a duty to advise Aegean about event
cancellation insurance and excused Aegean’s own failure to determine from
reading the policies that it lacked such coverage. As no question of material fact
exists as to the untimeliness of Aegean’s complaint, we affirm.1
1 The Court conducted oral argument in this appeal on April 22, 2025. We thank the parties for their able presentations.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 2 of 18 Facts [3] Eight years ago, Aegean was conducting about 14 training seminars weekly,
each with about 24 participants. These seminars represented most of Aegean’s
gross income. In April 2017, Aegean sought new insurance coverage and
contacted Taggart, an insurance broker, for assistance. On May 9, 2017,
Taggart emailed Aegean to say that it would “have you a quote for you[r]
Insurance needs very soon.” App. Vol. V., p. 15. While Taggart was working
on quotes for Aegean, Aegean emailed Taggart to confirm: “You are working
on a total package for [Aegean], including the Liability?” Id. at 14. The same
day Taggart confirmed that it was “working on the total package.” Id. at 13. A
couple of days later, Taggart emailed Aegean insurance quotes that it said “will
provide adequate coverage to [Aegean].” Id. at 16.
[4] Soon thereafter, Taggart procured several insurance policies that collectively
provided general liability, umbrella, inland marine, and workers compensation
coverage. Ohio Security Insurance Company (Ohio Security) was among the
several insurers, and its policy provided Aegean with workers compensation
and commercial property damage coverage. All of Aegean’s new insurance
policies were effective May 23, 2017, except for the workers compensation
policy, which took effect June 1, 2017.
[5] During the several months that Taggart worked to procure these policies for
Aegean, neither Taggart nor Aegean ever discussed event cancellation
coverage. And the policies that Aegean obtained through Taggart did not
provide such coverage. Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 3 of 18 [6] On August 16, 2017, Taggart emailed Aegean the declarations pages for the
policies. Over the next three years, Aegean renewed the policies without any
discussion of, or request for, event cancellation coverage. In 2020, Aegean
submitted a claim to Ohio Security for extensive losses that Aegean had
suffered from COVID-19 pandemic-related cancellations. Ohio Security denied
the claim, finding the loss was not covered by its policy.
[7] In 2021—nearly four years after the policies first took effect—Aegean sued
Taggart and Ohio Security. Aegean dismissed its claims against Ohio Security
after this Court’s decision in Ind. Repertory Theatre v. Cincinnati Cas. Co., 180
N.E.3d 403 (Ind. Ct. App. 2022).2 As to Taggart, Aegean’s complaint alleged
that the insurance broker negligently failed to advise Aegean about event
cancellation coverage and to procure that coverage for Aegean. Aegean also
alleged that it had a special relationship with Taggart that gave rise to a duty for
Taggart to advise Aegean about event cancellation insurance.
[8] Taggart moved for summary judgment, claiming Aegean’s complaint was
untimely. Aegean responded by claiming that a genuine issue of material fact
existed as to whether the onset of the two-year statute of limitations was
effectively tolled by Taggart’s representations to Aegean during the insurance
brokerage process or as a result of a special relationship between Taggart and
2 In Ind. Repertory Theatre v. Cincinnati Cas. Co., 180 N.E.3d 403, 410-11 (Ind. Ct. App. 2022), this Court upheld summary judgment to an insurer after finding that the “physical loss or physical damage” language in the insured’s commercial property policy did not encompass the insured’s claim for loss of use of its facilities during the COVID-19 pandemic.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 4 of 18 Aegean’s special relationship. The trial court granted summary judgment to
Taggart, concluding Aegean had failed to meet its burden of establishing a
genuine issue of material fact as to any statutory tolling and thus its complaint
was untimely as a matter of law.
Standard of Review [9] This Court reviews a trial court’s summary judgment determination de novo,
applying the same standard as the trial court. Cox v. Mayerstein-Burnell Co., Inc.,
19 N.E.3d 799, 803 (Ind. Ct. App. 2014) (quoting Hughley v. State, 15 N.E.3d
1000, 1003 (Ind. 2014)). Summary judgment is appropriate if the designated
evidence establishes that no genuine issue of material fact exists and that the
moving party is entitled to judgment as a matter of law. Id.; Ind. Trial Rule
56(C).
[10] In conducting our review, “[a]ll evidence is liberally construed in a light most
favorable to the non-moving party.” Heaton & Eadie Prof. Servs. Corp. v. Corneal
Consultants of Ind., P.C., 841 N.E.2d 1181, 1185 (Ind. Ct. App. 2006). But
Aegean, as the party appealing the trial court’s summary judgment
determination, bears the burden of persuading this Court that the ruling was
erroneous. Ryan v. TCI Architects/Eng’rs/Contractors, Inc., 72 N.E.3d 908, 913
(Ind. 2017).
Discussion and Decision [11] Indiana imposes a two-year statute of limitations on tort claims. Filip v. Block,
879 N.E.2d 1076, 1082 (Ind. 2008); see Ind. Code § 34-11-2-4(a). “In general,
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 5 of 18 ‘the cause of action of a tort claim accrues and the statute of limitations begins
to run when the plaintiff knew or, in the exercise of ordinary diligence, could
have discovered that an injury had been sustained as a result of the tortious act
of another.’” Filip, 879 N.E.2d at 1082 (quoting Wehling v. Citizens Nat’l Bank,
586 N.E.2d 840, 843 (Ind. 1992)). With insurance-related tort claims, this date
normally is either the initial date of coverage or when the insured can determine
the scope of the coverage by reading the policy. See id. at 1083-84.
[12] Aegean’s appellate claims all rest on the contention that the trial court
erroneously determined that the statute of limitations began to run in 2017
when coverage started and when Aegean received the declaration pages of the
policies from Taggart. It was at that point, according to the court, that Aegean
knew of, or through the exercise of ordinary diligence, should have discovered
Taggart’s alleged negligence. Aegean disputes that determination, arguing that
a genuine issue of material fact exists as to whether it could have reasonably
discovered the lack of event cancellation insurance before Ohio Security denied
Aegean’s claim less than two years before Aegean filed its complaint.
[13] In support of its claim that the timeliness issue involves disputed questions of
fact, Aegean makes two primary assertions: (1) the trial court improperly based
its summary judgment ruling on an issue not raised in Taggart’s motion for
summary judgment; and (2) the court erred in finding no evidence that the
statute of limitations was tolled.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 6 of 18 I. Issue Not Raised in Summary Judgment Motion [14] Aegean claims that Taggart’s motion for summary judgment did not address
any special relationship between Taggart and Aegean and, thus, summary
judgment on that issue was improper. We reject this claim, which misconstrues
the parties’ respective burdens under Indiana Trial Rule 56.
[15] The party who moves for summary judgment—here, Taggart—has the burden
of making a prima facie showing that no genuine issue of material fact exists
and that the moving party is entitled to judgment as a matter of law. Goodwin v.
Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 386 (Ind. 2016); T.R. 56(C).
When, as here, “the moving party asserts the statute of limitations as an
affirmative defense and establishes that the action was commenced beyond the
statutory period, the burden shifts to the nonmovant to establish an issue of fact
material to a theory that avoids the defense.” Anonymous Physician v. Wininger,
998 N.E.2d 749, 751 (Ind. Ct. App. 2013). The non-movant must “set forth
specifically designated facts that establish a dispositive dispute of fact, or where
there are undisputed material facts, conflicting inferences on an issue.” Heaton,
841 N.E.2d at 1185.
[16] Taggart contended in its motion for summary judgment that Aegean’s
complaint was untimely as a matter of law because it was filed outside the two-
year statute of limitations. And Taggart designated evidence in support of its
contention. This was enough to meet Taggart’s summary judgment burden,
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 7 of 18 thereby placing on Aegean the burden of refuting Taggart’s statute of
limitations defense. See Wininger, 998 N.E.2d at 751.
[17] Aegean attempted to counter Taggart’s defense by alleging, among other things,
the existence of an alleged special relationship between Aegean and Taggart
that caused Aegean’s delayed discovery of its lack of event cancellation
insurance. In response, Taggart told the court at the summary judgment hearing
that it viewed the existence of any special relationship as irrelevant to the
statute of limitations question. The trial court found no special relationship
between Taggart and Aegean.
[18] Aegean now claims that the trial court could not rest its summary judgment
decision on any rejection of a special relationship because Taggart failed to
allege or argue that no special relationship existed as a matter of law. But
Aegean necessarily placed the special relationship issue before the court by
raising it in response to an argument in Taggart’s motion for summary
judgment: that is, Taggart’s statute of limitations defense. Therefore, the court
did not improperly consider a claim not raised on summary judgment when it
found that Aegean and Taggart had no special relationship.
[19] Aegean’s argument on appeal essentially amounts to an assertion that Taggart
had the initial burden of establishing no genuine issue of material fact as to any
of Aegean’s potential statute of limitations defenses. Aegean offers no authority
supporting that proposition, and we find no such support in Trial Rule 56 or
appellate opinions interpreting that rule. See, e.g., id.; Cox, 19 N.E.3d at 808
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 8 of 18 (“[I]n our review of the trial court’s decision on summary judgment, we may
consider any theory or basis supported by the designated materials” (internal
quotation marks omitted)).3 We therefore reject this claim and turn to Aegean’s
second argument: that the statute of limitations was tolled by Taggart’s alleged
representations or a special relationship between Aegean and Taggart.
II. Special Relationship and Brokerage Representations [20] “All insurance agents who undertake to procure coverage owe their clients a
general duty of reasonable care and skill in obtaining insurance and following
their clients’ instructions.” Ind. Restorative Dentistry, P.C. v. Laven Ins. Agency,
Inc., 27 N.E.3d 260, 264 (Ind. 2015). Included in this general duty is a duty of
care to procure the insurance requested by the potential insured. Id. But “an
agent’s duty to procure is distinct from the duty to advise their clients about the
adequacy of coverage or any alternative coverage.” Id. “The agent does not
have a [general] duty . . . to tell the potential insured about the adequacy of the
coverage or any alternative coverage that is available.” Filip, 879 N.E.2d at
1085.
3 Aegean largely relies on Reiswerg v. Statom, 926 N.E.2d 26, 31-32 (Ind. 2010), which is distinguishable. Reiswerg focused on the procedural impact of failing to raise a statute of limitations defense in response to a motion for partial summary judgment. Our Supreme Court found in Reiswerg that the defendant did not waive its statute of limitations defense—alleged in its motion for summary judgment—by failing to raise that defense in its prior response to the plaintiff’s earlier motion for partial summary judgment. Id. The issue that Aegean raises here is quite different: whether a summary judgment movant who raises the statute of limitations as an affirmative defense must also allege and show in its initial filings that no dispute exists as to all possible defenses to its own statute of limitations defense. Reiswerg does not decide this question.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 9 of 18 [21] Yet there are at least two ways in which an agent’s duty to advise may arise.
First, “‘a special relationship’ of trust and intimacy” between the agent and the
client may create such a duty. Ind. Restorative Dentistry, 27 N.E.3d at 264
(quoting Filip, 879 N.E.2d at 1085). Second, “an insurance agent may, in
certain circumstances, assume a duty to advise regarding the adequacy of
coverage.” Cox, 19 N.E.3d at 808; see also Filip, 879 N.E.2d at 1086 (finding an
issue of material fact as to whether the agent had assumed a duty based on the
agent’s representations that a business policy would cover nonbusiness personal
property when it did not).
[22] Aegean alleges that both conditions existed—that Taggart and Aegean had a
special relationship and that Taggart assumed a duty to advise through its
statements to Aegean early in their business dealings. As a result, Aegean
claims Taggart had a duty to advise Aegean about its lack of event cancellation
insurance which overrode Aegean’s own duty to read the policy to ascertain
that it lacked such coverage. We find that Aegean failed to establish a genuine
issue of material fact as to a duty to advise arising from either a special
relationship or Taggart’s representations.
A. Special Relationship [23] Although the existence of a duty is usually a question of law, when that duty
hinges on the nature of an agent’s relationship to the insured, it may turn on
factual issues that the trier of fact must decide. Ind. Restorative Dentistry, 27
N.E.3d at 264-65. In determining whether a special relationship existed, the
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 10 of 18 first factor that reviewing courts consider is the length of the relationship
between agent and client. “All special relationships are long-term, but not all
long-term relationships are special.” Id. at 265.
[24] Beyond mere duration, other factors supporting the existence of a special
relationship are the agent’s: (1) exercise of broad discretion to service the
insured’s needs; (2) counseling of the insured concerning specialized insurance
coverage; (3) holding itself out as a highly-skilled insurance expert, coupled
with the insured’s reliance on the expertise; and (4) receipt of compensation
above the customary premium paid for the expert advice provided. Id. (quoting
Am. Family Mut. Ins. Co. v. Dye, 634 N.E.2d 844, 848 (Ind. Ct. App. 1994)). No
factor in this non-exhaustive list is dispositive. Id.
[25] Evaluating these factors rarely results in a finding that a special relationship
exists. As our Supreme Court noted in Indiana Restorative Dentistry in 2015,
Indiana’s appellate courts found a special relationship between agent and client
as a matter of law only once in the 30 years preceding that opinion. 27 N.E.3d
at 266 (referring to United Farm Bureau Mut. Ins. Co. v. Cook, 463 N.E.2d 522
(Ind. Ct. App. 1984)). And during that same period, only one Indiana appellate
decision found a genuine issue of material fact as to the existence of such a
special relationship. Id. (referring to Billboards ‘N’ Motion v. Saunders-Saunders &
Assocs., Inc., 879 N.E.2d 1135, 1143 (Ind. Ct. App. 2008)). Since then, the
Indiana appellate courts have found no other special relationships between
insurer and agent as a matter of law, although two decisions have found a
material question of fact as to the existence of a special relationship between
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 11 of 18 agent and client. Ind. Restorative Dentistry, 27 N.E.3d at 267; Filip, 879 N.E.2d at
1086 (ultimately upholding summary judgment, however, because the statute of
limitations had expired even if the assumption of duty and breach of that duty
had occurred).
[26] In these few cases in which Indiana’s appellate courts have found either an
agent’s duty to advise or a genuine issue of material fact as to the duty, the
cases have involved circumstances not present here. For instance, in Cook, the
client was a doctor who specifically retained an agent to find insurance
coverage for transportation of a horse barn from Kentucky to Indiana. 463
N.E.2d at 525. Given the doctor’s explicit reliance on the agent to procure
coverage for the various perils inherent in such a move and the specialized
nature of the insurance, this Court found the agent owed a duty to advise the
client about and procure the necessary coverage. Id. at 528. And in the more
recent Indiana Restorative Dentistry, our Supreme Court found a material
question of fact as to the existence of a special relationship based on evidence
that the agent and client had a long-term, interactive relationship and the agent
marketed itself as an insurance expert who could advise clients on policies
tailored to the clients’ needs. 27 N.E.3d at 266-67. Such unique circumstances
do not exist in this case.
[27] Finally, in Filip, 879 N.E.2d at 1086, our Supreme Court found a material
question of fact as to whether the agent “assumed a special relationship” with
its clients. The Court noted that when the policy was issued, the agent allegedly
told the clients their personal property would be covered by the policy and also
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 12 of 18 promised to visit the premises (an act that could have revealed the policy gaps).
Id.
[28] The designated evidence upon which Aegean based its claim of a special
relationship is far different from that found in Cook, Indiana Restorative Dentistry,
and Filip. First, the Taggart-Aegean relationship was of limited duration. They
worked together for only a few months before Taggart procured the policies for
Aegean, and their business relationship lasted only a few years after that. See,
e.g., Cosme v. Clark, 232 N.E.3d 1141, 1155 (Ind. 2024) (finding insurance agent
was entitled to directed verdict on duty to advise because the clients
“introduced no evidence to show the relationship was long-term, that [the
agent] had broad discretion, or that [the agent] had any special expertise or
obtained specialized coverage”); Cox, 19 N.E.3d at 805 (finding an agent owed
no special duty to advise a client because their relationship lasted about a
month and the agent only provided options for general property and casualty
policies and did not select the policy at issue).
[29] Even if there existed a long-standing relationship between Aegean and Taggart,
the record does not support any of the other common indicators of a special
relationship. In arguing otherwise, Aegean claims the designated evidence
showed Taggart:
• asked questions about and was aware of the nature of Aegean’s business operations.
• was the exclusive insurance agent for Aegean.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 13 of 18 • claimed skill in the insurance field through its 2024 website.
• had “broad discretion” in representing Aegean.
• argued with Aegean’s potential carriers to obtain the correct coverage for Aegean (for instance, successfully contending that seminar instructors are independent contractors and did not need workers compensation coverage through Aegean).
• continued to advise Aegean on other insurance needs after the policies were procured in 2017.
[30] But there is no evidence that Aegean had given Taggart broad discretion or that
Taggart received any additional compensation for working with Aegean. Nor
was there evidence suggesting that Taggart’s services to Aegean differed from
those that Taggart provided to other business clients. See, e.g., DeHayes Grp. v.
Pretzels, Inc., 786 NE.2d 779, 781-83 (Ind. Ct. App. 2003) (finding no special
relationship creating a duty to advise when: (1) client’s longtime insurance
agent did not have “broad discretion” in determining the insured’s policy
purchases and merely obtained quotes for the client to select from; (2) did not
hold itself out as a “highly-skilled insurance expert”; and (3) did not receive any
special compensation as part of the solicitation of quotes). The evidence shows
little more than Taggart’s diligence in fulfilling its mission to obtain quotes for a
new insurance package for Aegean and occasional dealings with Aegean and its
business associates afterward.
[31] In any case, Indiana’s appellate courts have been loath to find a duty to advise
about alternative coverages even when the relationship between agent and
client is longstanding. See, e.g., Parker by Parker v. State Farm Mut. Auto Ins. Co.,
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 14 of 18 630 N.E.2d 567, 569-70 (Ind. Ct. App. 1994) (ruling that an insurance agent
who had assisted client for 13 years but had little contact with client owed no
specialized duty to advise client about the availability of underinsurance
motorist coverage). In Parker, as in the present case, the client was in control of
the ultimate decision regarding coverage and never requested or sought
information about the omitted coverage of which it later complained. Id. at 570.
And as here, the evidence in Parker failed to show that the agent agreed to
conduct a periodic review of the client’s policy insurer or that the agent received
any additional compensation for procuring insurance for the client. Id.
[32] Given the dearth of evidence, we conclude that Aegean has failed to show any
genuine issues of material fact concerning the alleged special relationship
between Aegean and Taggart.
B. Taggart’s Alleged Representations
[33] Aegean’s final claim is that it established a genuine issue of material fact as to
whether Taggart essentially assumed a duty to advise Aegean about event
cancellation insurance through its statements to Aegean early in their business
dealings. As with Aegean’s special relationship claim, Aegean asserts that
Taggart’s breach of that duty prevented Aegean from discovering, through
reasonable diligence, its lack of event cancellation insurance and effectively
tolled the statute of limitations until Ohio Security’s denial.
[34] Underinsurance is deemed ascertainable by simply reviewing the policy. See
Filip, 879 N.E.2d at 1084. Insurance applicants are not relieved from the duty of
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 15 of 18 exercising the same ordinary care and prudence required in every other business
transaction. Metro. Life Ins. Co. v. Alterovitz, 14 N.E.2d 570, 574-75 (Ind. 1938).
But “reasonable reliance upon an agent’s representations can override an
insured’s duty to read the policy.” Filip, 879 N.E.2d at 1084 (quoting Vill.
Furniture, Inc. v. Assoc. Ins. Managers, Inc., 541 N.E.2d 306, 308 (Ind. Ct. App.
1998)). This exception applies, for instance, if “an agent insists that a particular
hazard will be covered,” and the client relies on that representation. Id.
Aegean’s contention falls outside this exception.
[35] In arguing for an assumed duty to advise, Aegean focuses on three statements
that Taggart made in emails to Aegean in May 2017 (before the policies took
effect) and one statement that Taggart made in an email in August 2017 (after
the policies were in place):
• Taggart stated it would have “a quote for you[r] Insurance needs very soon.” App. Vol. V, p. 15 (May 9, 2017).
• In response to Aegean’s question as to whether Taggart was “working on a total package for [Aegean], including the Liability,” Taggart confirmed that it was “working on the total package.” Id. at 13-14 (May 10, 2017).
• Taggart stated that it “was able to produce quotes that will provide adequate coverage” to Aegean, which Taggart then highlighted in the email. Id. at 16 (on or about May 12, 2017).
• When presenting the declarations pages of the five policies— “General Liability,” “Umbrella,” “Computer equipment,” “Business Personal Property and loss of use,” and “Workers Comp.”—Taggart stated, “Per our conversation here is (sic)
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 16 of 18 the dec pages for all coverage.” (emphasis added). Id. at 11 (August 16, 2017).
[36] Taggart’s statements are too generic to excuse Aegean’s failure to read its own
policy and thereby discover its lack of event cancellation insurance. First,
Taggart’s statements do not appear to be representations that it would provide
insurance that covered every peril Aegean might face. Instead, the statements
largely appear to be just comments on the information that Taggart was
collecting for or conveying to Aegean.
[37] For instance, the reference to “total package” seems to be just a practical
confirmation that Taggart was working on quotes for the multiple policies that
Aegean wanted. Similarly, Taggart’s reference to “all coverage” appears to
constitute an observation that Taggart was providing declaration pages for all of
Aegean’s insurance policies.
[38] But even if these statements could be construed as representations of coverage,
they are inadequate to trigger a duty to advise. Even promises of “full coverage”
are insufficient to fall within the exception to the rule that the client has the
duty to read the policy. Myers v. Yoder, 921 N.E.2d 880, 889 (Ind. Ct. App.
2010). At best, the “total package” language, which has never been addressed in
the context of an agent’s purported duty to advise, appears to be the functional
equivalent of “full coverage” found inadequate to create a duty to advise in
Myers. The same is true of the “adequate coverage” comment.
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 17 of 18 [39] The promises of “a quote” for Aegean’s “Insurance needs” and “adequate
coverage” appear to be even less consequential than a representation of “full
coverage.” Accordingly, this language also is inadequate to trigger a duty to
advise under Myers. Thus, none of Taggart’s representations included in
Aegean’s designated evidence are sufficient to raise a question of material fact
as to whether Taggart had a duty to advise Aegean on event cancellation
insurance that ultimately would toll the statute of limitations here.
Conclusion [40] We conclude that summary judgment was proper because no material question
of fact exists as to whether the two-year statute of limitations began to run in
2017 and expired before the filing of Aegean’s complaint four years later. As
Aegean’s complaint was untimely, we affirm the trial court’s entry of summary
judgment for Taggart.
May, J., and Scheele, J., concur.
ATTORNEYS FOR APPELLANT George M. Plews Joanne R. Sommers Mia K. Tapella Plews Shadley Racher & Braun LLP Indianapolis, Indiana
ATTORNEY FOR APPELLEE Alex M. Beeman Reminger Co. LPA Evansville, Indiana
Court of Appeals of Indiana | Opinion 24A-PL-2270 | May 30, 2025 Page 18 of 18