United Farm Bureau Mutual Insurance Co. v. Lowe

583 N.E.2d 164, 1991 Ind. App. LEXIS 2170, 1991 WL 274872
CourtIndiana Court of Appeals
DecidedDecember 23, 1991
Docket14A01-9107-CV-217
StatusPublished
Cited by22 cases

This text of 583 N.E.2d 164 (United Farm Bureau Mutual Insurance Co. v. Lowe) 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
United Farm Bureau Mutual Insurance Co. v. Lowe, 583 N.E.2d 164, 1991 Ind. App. LEXIS 2170, 1991 WL 274872 (Ind. Ct. App. 1991).

Opinions

ROBERTSON, Judge.

United Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the grant of summary judgment in favor of Don G. and Judith K. Lowe (the Lowes) in their suit for declaratory judgment. The Lowes sought a declaration that amended Ind.Code 27-7-5-2 applied to increase their insurance coverage. Farm Bureau raises one issue on appeal:

Whether the trial court erred as a matter of law in concluding that the 1987 amendments to I.C. 27-7-5-2, enacted in P.L. 391-1987(ss) and applicable "only to policies first issued after December 81, 1987," apply to the 1988 renewals of the Lowes' policies, which were first issued in 1975 and 1988?

We reverse.

The Lowes owned two automobile insurance policies issued by Farm Bureau. One policy was originally issued in 1975, the other was originally issued in 1988. Each policy has been renewed since, with the first one most recently renewed in February of 1988 and the second one most recently renewed in March of 1988. The Lowes were involved in an automobile accident in April of 1988, and they claim the 1987 amendment to I.C. 27-7-5-2 operated on their 1988 renewals, as a matter of law, to increase their coverage.

In 1982, the legislature repealed the then current uninsured motorist statute, I.C. 27-5-1, which required insurers to offer uninsured motorist coverage for bodily injury in an amount equal to the State's minimum financial responsibility requirements. P.L. 166-1982, Sec. 6. In the same act, the legislature amended I.C. 27-7-5, by adding a new section 2, which reads:

(a) 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 the bodily injury or death suffered by any person and for injury to or use of a motor vehicle, must provide coverage, either in the policy or in a supplement to it:
(1) in limits for bodily injury or death and for injury to or destruction of property set forth in IC 9-2-1-15 under policy provisions approved by the commissioner of insurance, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death and for injury to or destruction of property resulting therefrom; or
(2) in limits for bodily injury or death set forth in IC 9-2-1-15 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 motor vehicles because of bodily injury, sickness, or disease, including death resulting therefrom.
The uninsured motorist coverage may be offered by insurers in limits higher than those set forth in IC 9-2-1-15, but may not be greater than the limits of liability [166]*166specified in the bodily injury and property damage liability provisions of an insured's policy.
(b) The named insured of an automobile or motor vehicle liability policy has the right to reject, in writing, either or both of the uninsured motorist coverages described in subsection (a) of this section unless the insured also has uninsured motorist bodily injury liability insurance coverage under this section. Following rejection of either or both uninsured motorists coverages, unless later requested in writing, the insurer need not provide uninsured motorist coverage in or supplemental to a renewal policy in connection with a policy previously issued to the same insured. Renewals of policies issued or delivered in this state which have undergone interim policy endorsements or amendment do not constitute newly issued or delivered policies for which the insurer is required to provide the coverages in this section.

P.L. 166-1982, See. 1 (emphasis supplied). Essentially, the statute required that insurers provide uninsured motorist bodily injury coverage in an amount equal to the state's minimum financial responsibility requirements under I.C. 9-2-1-15. These requirements eventually reached $25,000 per person and $50,000 per occurrence, where they now stand. According to the statute, the insurer could offer such coverage up to the limits of liability for bodily injury and property damage in the provisions of the insured's own policy, but the insurer was not required to do so. The insured could reject such uninsured motorist coverage in writing.

In 1987, the legislature amended I.C. 27-7-5-2, as follows:

(a) Each 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 in this state, insuring against loss resulting from liability imposed by law the bodily injury or death suffered by any person and for injury to or use of a motor vehicle, must provide -coverage,-oi-ther-in-the-poliey or in a supplement to such a policy, the following types of coverage:
(1) in limits for bodily injury or death and for injury to or destruction of property not less than those set forth in IC 9-2-1-151 under policy provisions approved by the commissioner of insurance, for the protection of persons insured thereunder under the policy 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 and for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles for injury to or destruction of property resulting therefrom; or
(2) in limits for bodily injury or death not less than those set forth in IC 9-2-1-152 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.
The uninsured and underinsured motorist coverage coverages may must be offered provided by insurers in limits higher-than for either a single3 or for separate premiums, in limits equal to [those IC-9-2-1-15,-but-may-not [167]*167greater-than] 4 the limits of liability specified in the bodily injury and-property damage liability provisions of an insured's policy, unless such coverages have been rejected in writing by the insured. Uninsured motorist coverage or underinsured motorist coverage may be offered by an insurer in an amount exceeding the limits of liability specified in the bodily injury and property damage liability provisions of the insured's policy.
(b) The named insured of an automobile or motor vehicle liability policy has the right to-reject, in writing, either-or both to
(1) reject both the uninsured motorist coverage and the underinsured motorist coverage provided for in this section; or

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

Related

Fox v. Rice
936 N.E.2d 316 (Indiana Court of Appeals, 2010)
Indiana High School Athletic Ass'n v. Schafer
913 N.E.2d 789 (Indiana Court of Appeals, 2009)
Indiana Patient's Compensation Fund v. Patrick
906 N.E.2d 194 (Indiana Court of Appeals, 2009)
First Farmers Bank & Trust Co. v. Whorley
891 N.E.2d 604 (Indiana Court of Appeals, 2008)
Hoose v. Doody
886 N.E.2d 83 (Indiana Court of Appeals, 2008)
McGill v. Ling
801 N.E.2d 678 (Indiana Court of Appeals, 2004)
FILLMORE LLC v. Fillmore MacHine & Tool Co.
783 N.E.2d 1169 (Indiana Court of Appeals, 2003)
Hochstedler v. St. Joseph County Solid Waste Management District
770 N.E.2d 910 (Indiana Court of Appeals, 2002)
Van Winkle v. Nash
761 N.E.2d 856 (Indiana Court of Appeals, 2002)
Old Indiana Ltd. Liability Co. v. Montano Ex Rel. Montano
732 N.E.2d 179 (Indiana Court of Appeals, 2000)
Linville v. Hoosier Trim Products
664 N.E.2d 1178 (Indiana Court of Appeals, 1996)
Hupp v. Canal Insurance Co.
654 N.E.2d 901 (Indiana Court of Appeals, 1995)
American Family Mutual Insurance Co. v. Dye
634 N.E.2d 844 (Indiana Court of Appeals, 1994)
American States Insurance Co. v. Braden
625 N.E.2d 1252 (Indiana Court of Appeals, 1994)
Millikan v. United States Fidelity & Guaranty Co.
619 N.E.2d 948 (Indiana Court of Appeals, 1993)
Inman v. Farm Bureau Insurance
584 N.E.2d 567 (Indiana Court of Appeals, 1992)
United Farm Bureau Mutual Insurance Co. v. Lowe
583 N.E.2d 164 (Indiana Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
583 N.E.2d 164, 1991 Ind. App. LEXIS 2170, 1991 WL 274872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-farm-bureau-mutual-insurance-co-v-lowe-indctapp-1991.