Montgomery v. Farmers Ins. Group
| Decision Date | 29 May 1984 |
| Docket Number | No. IP 83-1857-C.,IP 83-1857-C. |
| Citation | 585 F. Supp. 618 |
| Parties | Forrest R. MONTGOMERY, Freda Montgomery, Plaintiffs, v. FARMERS INSURANCE GROUP, Mid-Century Insurance Company, Defendants. |
| Court | U.S. District Court — Southern District of Indiana |
John P. Wilson, Greenwood, Ind., for plaintiffs.
Michael E. Brown, Indianapolis, Ind., for defendants.
ENTRY
This is an action for declaratory judgment on an insurance policy. Defendants have moved for summary judgment that their liability, under the clear language of the insurance policy in effect in this matter, is limited to $25,000.00. Their motion is granted.
MemorandumThis case arises from an automobile accident between plaintiff Forrest R. Montgomery and Robert Hinkle, who was insured by defendants, on December 5, 1981. Mr. Montgomery sustained physical injuries as a result of the accident. As well, plaintiff Freda Montgomery, his wife, claims damage for loss of consortium. The sole purpose of this action for declaratory judgment is to determine the applicable liability limit under the language of the insurance policy covering Robert Hinkle.
The policy defines "bodily injury" as "bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by a person." It defines "damages" as "including damages for care and loss of services." The policy promises to "pay all damages the insured becomes legally obligated to pay because of: (A) bodily injury to any person, and/or (B) damage to property arising out of the ownership ... of the described automobile." The policy also features a lengthy description of limitations on liability:
The limit of bodily injury liability stated in the Declarations as application to "each person" is the limit of the Company's liability for all damages arising out of bodily injury sustained by one person in any one occurrence. The limit of such liability stated in the Declarations as applicable to "each occurrence" is, subject to the above provision respecting each person, the total limit of the Company's liability for all damages arising out of bodily injury sustained by two or more persons in any one occurrence.
The meaning of these two sentences is at the crux of this action because, as the plaintiffs have admitted, only Mr. Montgomery sustained bodily injury in the accident; Mrs. Montgomery sustained no bodily injury and her claim is only for loss of consortium.
The rule in Indiana is that words of an insurance policy, like those of any other contract, are given their plain and ordinary meaning. Asbury v. Indiana Union Mutual Ins. Co., Ind.App., 441 N.E.2d 232 (1982). Thompson v. Genis Building Corp., Ind...
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