Lakes v. Grange Mutual Casualty Co.

944 N.E.2d 509, 2011 Ind. App. LEXIS 349, 2011 WL 682343
CourtIndiana Court of Appeals
DecidedFebruary 28, 2011
Docket89A05-1009-CT-549
StatusPublished
Cited by2 cases

This text of 944 N.E.2d 509 (Lakes v. Grange Mutual Casualty Co.) 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
Lakes v. Grange Mutual Casualty Co., 944 N.E.2d 509, 2011 Ind. App. LEXIS 349, 2011 WL 682343 (Ind. Ct. App. 2011).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Plaintiff, Hannah Lakes (Hannah), appeals the trial court’s summary judgment in favor of Appellee-De-fendant, Grange Mutual Casualty Company (Grange Mutual), finding that no *511 underinsured motorist coverage is available to Hannah. 1

We reverse.

ISSUE

Hannah raises two issues on appeal, which we consolidate and restate as the following single issue: Whether the trial court erred when it found that Hannah is not entitled to underinsured motorist coverage (UIM) under Grange Mutual’s policy-

FACTS AND PROCEDURAL HISTORY

Jerry Lakes (Jerry) and LuAnn Lakes (LuAnn) are husband and wife, residing in Fayette County, Indiana. They have two daughters: Anitra Lakes (Anitra) and Hannah. On September 10, 2004, James Isaacs’ vehicle collided with the vehicle driven by Anitra. Twelve-year-old Hannah, LuAnn, and Dustin Gavin were passengers in Anitra’s vehicle and all sustained incapacitating injuries. On January 6, 2005, LuAnn, Jerry, Anitra, and Hannah (collectively, the Lakes) filed a complaint against Isaacs, alleging that Isaacs negligently operated his vehicle, and against Grange Mutual, seeking underinsured motorist benefits. Isaacs’ insurance policy with Viking Insurance Company of WI (Viking) had a per person liability limit of $25,000 and a per accident liability limit of $50,000. Viking paid out its total liability policy limit of $50,000 per accident, which was divided between LuAnn, Jerry, Ani-tra, and Hannah. Hannah received $5,100 in settlement of her claim against Isaacs; this amount did not fully compensate her for her injuries.

The Lakes initially sought underinsured motorist coverage from Grange Mutual under both Jerry’s and Anitra’s personal auto insurance policies. On February 16, 2010, Grange Mutual filed its motion for summary judgment, designation of evidence, and memorandum in support of its motion, claiming that no UIM coverage was available under either policy. On May 5, 2010, LuAnn, Jerry, and Anitra moved to dismiss their claims with prejudice, which was granted by the trial court the following day. Accordingly, only Hannah remained in the suit, seeking coverage under Anitra’s Grange Mutual’s policy, which has underinsured motorist bodily injury limits of liability of $50,000 each person and $50,000 each accident. On May 6, 2010, Hannah filed her objection, memorandum in opposition, and designation of evidence in response to Grange Mutual’s motion for summary judgment. On June 2, 2010, the trial court conducted a hearing on Grange Mutual’s motion. On August 18, 2010, the trial court granted summary judgment to Grange Mutual, finding as a matter of law that Isaacs’ vehicle is not underinsured and therefore Hannah is not entitled to UIM benefits under Anitra’s policy.

Hannah now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

Hannah contends that because Isaacs was underinsured at the time of the collision, pursuant to Indiana Code section 27-7-5-2(a), she is entitled to UIM coverage under Grange Mutual’s policy. Thus, she maintains that the trial court erred by entering summary judgment for Grange Mutual.

I. Standard of Review

Summary judgment is appropriate only when there are no genuine issues of mate *512 rial fact and the moving party is entitled to a judgment as a matter of law. Ind. Trial Rule 56(C). In reviewing a trial court’s ruling on summary judgment, this court stands in the shoes of the trial court, applying the same standards in deciding whether to affirm or reverse summary judgment. First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604, 607 (Ind. Ct.App.2008), trans. denied. Thus, on appeal, we must determine whether there is a genuine issue of material fact and whether the trial court has correctly applied the law. Id. at 607-08. In doing so, we consider all of the designated evidence in the light most favorable to the non-moving party. Id. at 608. The party appealing the grant of summary judgment has the burden of persuading this court that the trial court’s ruling was improper. Id. When the defendant is the moving party, the defendant must show that the undisputed facts negate at least one element of the plaintiffs cause of action or that the defendant has a factually unchallenged affirmative defense that bars the plaintiffs claim. Id. Accordingly, the grant of summary judgment must be reversed if the record discloses an incorrect application of the law to the facts. Id.

We observe that in the present case, the trial court entered detailed and helpful findings of fact and conclusions of law in support of its judgment. Special findings are not required in summary judgment proceedings and are not binding on appeal. Id. However, such findings offer this court valuable insight into the trial court’s rationale for its review and facilitate appellate review. Id.

II. UIM Coverage Limits

We commence our analysis with the definition of “underinsured motor vehicle,” as included in Indiana Code section 27-7-5-4(b):

[T]he term underinsured motor vehicle, subject to the terms and conditions of such coverage, includes an insured motor vehicle where the limits of coverage available for payment to the insured under all bodily injury liability policies covering persons liable to the insured are less than the limits for the insured’s underinsured motorist coverage at the time of the accident, but does not include an uninsured motor vehicle as defined in subsection (a).

Indiana Code section 27-7-5-2 governs the minimum UIM coverage limits that insurers must make available and sell or provide to their insureds. The statute provides, in pertinent part:

(a) The insurer shall make available, in each automobile liability or motor vehicle liability policy of insurance which is delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person and for injury to or destruction of property to others arising from the ownership, maintenance, or use of a motor vehicle, or in a supplement to such a policy, the following types of coverage:
(2) in limits for bodily injury or death not less than those set forth in [I.C. § ] 9-25-4-5 under policy provisions approved by the commissioner of insurance, for the protection of persons insured under the policy provisions who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom.

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Related

Lakes v. Grange Mutual Casualty Co.
964 N.E.2d 796 (Indiana Supreme Court, 2012)
Ohio Casualty Insurance v. Herring-Jenkins
830 F. Supp. 2d 566 (N.D. Indiana, 2011)

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Bluebook (online)
944 N.E.2d 509, 2011 Ind. App. LEXIS 349, 2011 WL 682343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakes-v-grange-mutual-casualty-co-indctapp-2011.