Glover v. Allstate Property and Casualty Insurance Co., 091619 INCA, 19A-CT-403
|Opinion Judge:||BROWN, JUDGE|
|Party Name:||Steven Glover, as Personal Representative of the Estate of Shelina M. Glover, Appellant-Plaintiff, v. Allstate Property and Casualty Insurance Company, Appellee-Defendant.|
|Attorney:||Attorneys for Appellant Nicholas C. Deets Tyler Zipes Hovde Dassow + Deets, LLC Indianapolis, Indiana Attorneys for Appellee Christopher D. Cody Georgianna Q. Tutwiler Hume Smith Geddes Green & Simmons, LLP Indianapolis, Indiana|
|Judge Panel:||Altice, J., and Tavitas, J., concur.|
|Case Date:||September 16, 2019|
|Court:||Court of Appeals of Indiana|
Appeal from the Marion Superior Court The Honorable James B. Osborn, Judge Trial Court Cause No. 49D14-1711-CT-41566
Attorneys for Appellant Nicholas C. Deets Tyler Zipes Hovde Dassow + Deets, LLC Indianapolis, Indiana
Attorneys for Appellee Christopher D. Cody Georgianna Q. Tutwiler Hume Smith Geddes Green & Simmons, LLP Indianapolis, Indiana
[¶1] Steven Glover, as Personal Representative of the Estate of Shelina M. Glover (the "Estate"), appeals the trial court's grant of the motion for summary judgment filed by Allstate Property and Casualty Insurance Company ("Allstate") and the denial of its motion to correct error. He raises one issue which we revise and restate as whether the trial court erred in granting summary judgment in favor of Allstate . We affirm.
Facts and Procedural History
[¶2] This case involves an attempted recovery under an automobile insurance policy's underinsured motorist ("UIM") provisions for a July 22, 2016 roadside collision involving three vehicles driven by Kenneth Bogue, Matthew Hahn, and Terry Robinson, which resulted in the death of Shelina M. Glover Robinson, 2 who was a passenger in Terry's vehicle.
[¶3] At the time of Shelina's death, she had an auto insurance policy through GEICO insurance ("GEICO"). Her parents, Phillip and Dovie Glover (the "Glovers"), were insured under Allstate Policy # 922 379 189 (the "Policy"), which provided on the Policy Declarations page for "Uninsured Motorists Insurance" coverage limits in the amount of "$100, 000 each person" for the Glovers' 2014 Ford Truck Edge and 2006 Ford Truck F150. Appellant's Appendix Volume II at 68-69. It defined "Resident" for use throughout the policy as a "person who physically resides in your household with the intention to continue residence there."3 Id. at 72. It defined "Bodily Injury" for use throughout the policy in part as "physical harm to the body, sickness, disease, or death." Id.
[¶4] Part 3 of the Policy, titled "Uninsured Motorists Insurance Coverage," began with a general statement of coverage that provided, "we will pay damages which an insured person is legally entitled to recover from the owner or operator of an uninsured auto because of . . . bodily injury sustained by an insured person." Id. at 80. It defined in part "Insured Person(s)" as "you and any resident relative" and an "uninsured auto" as: an underinsured motor vehicle which has bodily injury liability protection in effect and applicable at the time of the accident in an amount equal to or greater than the amounts specified for bodily injury liability by the financial responsibility laws of Indiana, but:
a. in an amount less than the applicable limit of liability for this coverage shown on the Policy Declarations; or
b. available limits have been reduced to less than the applicable limit of liability for this coverage as shown on the Policy Declarations.
Id. at 80-81. It provided further in Part 3:
Limits of Liability
The coverage limit shown on the Policy Declarations for:
1. "each person" is the maximum that we will pay for damages arising out of bodily injury to one person in any one motor vehicle accident, including damages sustained by anyone else as a result of that bodily injury.
2. "each accident" is the maximum we will pay for damages arising out of all bodily injury in any one motor vehicle accident. This limit is subject to the limit for "each person."
* * * * *
The liability limits shown on the Policy Declarations for Uninsured Motorists Insurance may not be added to the limits for similar coverage applying to other motor vehicles to determine the limit of insurance coverage available. This applies regardless of the number of:
1. policies involved;
2. vehicles involved;
3. persons covered;
4. claims made;
5. vehicles or premiums shown on the Policy Declarations; or
6. premiums paid.
THIS MEANS THAT NO STACKING OR AGGREGATION OF UNINSURED MOTORISTS INSURANCE WHATSOEVER WILL BE ALLOWED BY THIS POLICY.
If none of the autos shown on the Policy Declarations is involved in the accident, the highest limits of liability shown on the Policy Declarations for any one auto will apply.
The limits of this Uninsured Motorists Insurance shall be reduced by:
1. all amounts paid or payable by or on behalf of any person or organization that may be legally responsible for the bodily injury for which the payment is made, including, but not limited to, any amounts paid under the bodily injury liability coverage of this or any other insurance policy;
2. all amounts paid or payable under any workers' compensation law; and
3. all amounts paid or payable under any disability benefits law.
The maximum amount payable for bodily injury under uninsured coverage is the lesser of:
(1) the difference between:
(a) the amount paid in damages to the insured by or for any person or organization who may be liable for the insured person's bodily injury; and
(b) the "each person" limit of uninsured motorists coverage provided in the insured person's policy; or
(2) the difference between:
(a) the total amount of damages incurred by the insured person; and
(b) the amount paid by or for any person or organization liable for the insured person's bodily injury.
We are not obligated to make any payment for bodily injury under this coverage which arises out of the use of an underinsured motor vehicle until after the limits of liability for all liability protection in effect and applicable at the time of the accident have been exhausted by payment of judgments or settlements.
Non-Duplication of Benefits
No injured person will recover duplicate benefits for the same elements of loss under this or any other uninsured motorists' insurance, including approved plans of self-insurance.
If There Is Other Insurance
If the insured person was in, on, getting into or out of, or on or off of a vehicle you do not own which is insured for uninsured motorists, underinsured motorists, or similar type coverage under another policy, coverage under Uninsured Motorists Insurance, Part 3, of this policy will be excess. This means that when the insured person is legally entitled to recover damages in excess of the other policy limits, we will pay up to your policy limit, but only after the other insurance has been exhausted. No insured person may recover duplicate benefits for the same element of loss under Uninsured Motorists Insurance, Part 3, of this policy and the other insurance.
If more than one policy applies to the accident on a primary basis, the total benefits payable to any one person will not exceed the maximum benefits payable by the policy with the highest limit of uninsured motorists' coverage.
We will bear our proportionate share with other uninsured motorists insurance benefits. Our share is determined by adding the limits of liability of this insurance to the limits of all other insurance that apply on the same basis and finding the percentage of the total that our limits represent. This applies no matter how many automobiles or automobile policies may be involved whether written by Allstate or another company.
Id. at 82-83.
[¶5] On November 6, 2017, the Estate filed a complaint...
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