Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group

8 N.E.3d 258, 2014 WL 1765139, 2014 Ind. App. LEXIS 195
CourtIndiana Court of Appeals
DecidedMay 2, 2014
Docket64A03-1309-CT-359
StatusPublished
Cited by3 cases

This text of 8 N.E.3d 258 (Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group, 8 N.E.3d 258, 2014 WL 1765139, 2014 Ind. App. LEXIS 195 (Ind. Ct. App. 2014).

Opinion

OPINION

BROWN, Judge.

Christine Anderson appeals the trial court’s grant of the motion for summary judgment filed by Indiana Insurance Company (“Indiana Insurance”), a member of Liberty Mutual Group. Anderson raises one issue which we revise and restate as whether the trial court erred in granting summary judgment in favor of Indiana Insurance. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On October 29, 2010, while Anderson was stopped in traffic, she was struck by a vehicle driven by Denise Cox and sustained injuries to her neck and left shoulder including a left rotator cuff tear. The accident occurred during the course of Anderson’s employment.

Anderson received $25,000 from Cox’s insurer and $81,166.15 in worker’s compensation benefits. 1 At the time of the accident, Anderson was insured under a policy (the “Policy”) with Indiana Insurance which included underinsured motorists coverage with an applicable policy limit of $100,000. The underinsured motorist coverage of the Policy provided:

A. We will pay compensatory damages which an “insured” is legally entitled to recover from the owner or operator of an “underinsured motor vehicle” because of “bodily injury”:
1. Sustained by an “insured”; and
2. Caused by an accident.
[[Image here]]
C. “Underinsured motor vehicle” means a land motor vehicle or trailer of any type for which the sum of the limits of liability under all bodily injury liability bonds or policies applicable at the time of the accident is either:
1. Less than the limit of liability for this coverage; or
2. Reduced by payments to persons, other than “insureds”, injured in the accident to less than the limit of liability for this coverage.

Appellant’s Appendix at 163.

With respect to the limit of liability, the Policy states:

LIMIT OF LIABILITY
A. The limit of liability shown in the Schedule or in the Declarations for each person for Underinsured Motorists Coverage is our maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of “bodily injury” sustained by any one person in any one accident. Subject to this limit for each person, the limit of liability shown in the Schedule or in the Declarations for each accident for Underin-sured Motorists Coverage is our maxi *261 mum limit of liability for all damages for “bodily injury” resulting from any one accident.
This is the most we will pay regardless of the number of:
1. “Insureds”;
2. Claims made;
3. Vehicles or premiums shown in the Schedule or in the Declarations; or
4. Vehicles involved in the accident.
B. The limit of liability shall be reduced by all sums paid because of the “bodily injury” by or on behalf of persons or organizations who may be legally responsible. This includes all sums paid under Part A of this policy.
C. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A, Part B or Part C of this policy.
D. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible.
E. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any of the following or similar law:
1. Worker’s compensation law; or
2. Disability benefits law.

Id. at 164.

On April 2, 2012, Anderson filed a complaint against Cox and Indiana Insurance. Anderson alleged that Cox was negligent and that Indiana Insurance should compensate her for her injuries and damages to the extent that such damages exceed Cox’s insurance coverage.

On May 24, 2018, Indiana Insurance filed a motion for summary judgment and asserted that it had no obligation to make any payment to Anderson because she had already received payment from other sources which exceeded the limits of her underinsured motorist coverage. On June 26, 2013, Anderson filed her response in opposition to the motion.

On July 2, 2013, the court held a hearing on Indiana Insurance’s motion for summary judgment, and on August 7, 2013, granted the motion. Specifically, the court held:

The Court finds that the language of the insurance policy in question in this cause requires that any amounts [Anderson] has received previously in this cause are to be credited against the limit of liability under the underinsured motorist clause in the insurance policy at issue here and not credited against total damages.
The policy limits at issue here are $100,000.00. [Anderson] has received $25,000.00 from the tort-feasor in this cause and $81,166.15 from Workmens’ Compensation. That totals more than the policy limit and, therefore, [Anderson] cannot recover anything further from [Indiana Insurance].

Id. at 4.

DISCUSSION

The issue is whether the trial court erred in granting summary judgment in favor of Indiana Insurance. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Mangold ex rel. Mangold v. Ind. Dep’t of Natural Res., 756 N.E.2d 970, 973 (Ind.2001). All facts and reasonable inferences drawn from those facts are construed in favor of the nonmovant. Mangold, 756 *262 N.E.2d at 973. Our review of a summary-judgment motion is limited to those materials designated to the trial court. Id. In reviewing a trial court’s ruling on a motion for summary judgment, we may affirm on any grounds supported by the Indiana Trial Rule 56 materials. Catt v. Bd. of Commr’s of Knox Cnty., 779 N.E.2d 1, 3 (Ind.2002). The entry of specific findings and conclusions does not alter the nature of a summary judgment which is a judgment entered when there are no genuine issues of material fact to be resolved. Rice v. Strunk, 670 N.E.2d 1280, 1283 (Ind.1996). In the summary judgment context, we are not bound by the trial court’s specific findings of fact and conclusions of law. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
8 N.E.3d 258, 2014 WL 1765139, 2014 Ind. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christine-anderson-v-indiana-insurance-company-a-member-of-liberty-mutual-indctapp-2014.