Corr v. Shultz

767 N.E.2d 541, 2002 Ind. LEXIS 348, 2002 WL 963399

• Court: Indiana Supreme Court
• Decided: May 8, 2002
• Docket: 71S03-0107-CV-333
• Status: Published

Opinion

ON PETITION FOR TRANSFER

BOEHM, Justice.

. . vor of defendant Glenn Shultz. The Court of Appeals reversed the trial court's grant of summary judgment in f2-Corr v. Schultz, 743 N.E.2d 1194 (Ind.Ct.App.2001). This Court granted transfer.

In a companion case today, Corr v. Am. Family Ins., 767 N.E.2d 535 (Ind.2002), we hold that a vehicle is an "underinsured motor vehicle" pursuant to Indiana Code section 27-7-5-4(b) if the amount actually available for payment to the insured from the tortfeasor's bodily injury liability policies is less than the policy limits of the insured's underinsured motorist coverage. For the reasons given in that opinion, we agree with the Court of Appeals in this case and reverse the trial court and remand for proceedings consistent with this opinion and the opinion in Corr v. Am. Family Ins.

SHEPARD, C.J., and DICKSON, SULLIVAN, and RUCKER, JJ., concur.