uninsured motorist claim in Indiana

20 Indiana opinions name it 2 courts 1970–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
Stewart v. Walkergreen indctapp · 1992 · cited in 2 Indiana opinions naming this issue, 2006–2020 2 sentences 2020“Smith’s vehicle was insured by a policy issued by Erie, which 5 In Stewart v. Walker, 597 N.E.2d 368 (Ind. Ct. App. 1992), another panel of this Court stated, “[W]e believe it sound policy to … impose a duty on an insurer faced with an uninsured motorist claim made by an injured passenger of its insured of bearing itself with all good faith towards the claimant[.]” Id. at 375 (quotation marks omitted). 2020“Smith’s vehicle was insured by a policy issued by Erie, which 5 In Stewart v. Walker, 597 N.E.2d 368 (Ind. Ct. App. 1992), another panel of this Court stated, “[W]e believe it sound policy to … impose a duty on an insurer faced with an uninsured motorist claim made by an injured passenger of its insured of bearing itself with all good faith towards the claimant[.]” Id. at 375 (quotation marks omitted).	2	2
Michael v. Wolfegreen indctapp · 2000 · cited in 2 Indiana opinions naming this issue, 2006–2018 2 sentences 2018See Michael, 737 N.E.2d at 823 (providing that “to recover on an uninsured motorist claim, the insured must prove that there is no policy applicable to the vehicle driven by the tortfeasor”). 2006Citizens argues that Matteson is not entitled to uninsured motorist coverage because the semi truck was not an uninsured vehicle. "[Tjo recover on an uninsured motorist claim, the insured must prove that there is no policy applicable to the vehicle driven by the tortfea-sor." Michael v. Wolfe, 737 N.E.2d 820, 823 (Ind.Ct.App.2000). "[Aln insured may also establish a prima facie case. by showing that he has made reasonable efforts to determine whether an applicable insurance policy exists and these efforts have been fruitless.	2	2
Spencer v. Bridgewatergreen indctapp · 2001 · cited in 2 Indiana opinions naming this issue, 2004–2008 2 sentences 2008See, e.g., Spencer v. Bridgewater, 757 N.E.2d 208, 212 (Ind.Ct.App.2001) (holding that the trial court properly granted partial summary judgment in favor of the insurer because there was no showing that the insurer engaged in ill will or conscious wrongdoing in denying the insured’s uninsured motorist claim). 819 N.E.2d at 136 . 2004See, eg., Spencer v. Bridgewater, 757 N.E.2d 208, 212 (Ind.Ct.App.2001) (holding that the trial court properly granted partial summary judgment in favor of the insurer because there was no showing that the insurer engaged in ill will or conscious wrongdoing in denying the insured's uninsured motorist claim). \| Because we hold that Allstate was entitled to partial summary judgment on the bad faith claim, and because that issue is dispositive, we do not reach the merits of the default judgment, settlement agreement, and motion in limine issues raised by Allstate.	2	2
Woodley v. Fieldsgreen indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Spencer v. Bridgewater, 757 N.E.2d 208, 212 (Ind.Ct.App.2001) (holding that the trial court properly granted partial summary judgment in favor of the insurer because there was no showing that the insurer engaged in ill will or conscious wrongdoing in denying the insured’s uninsured motorist claim). 819 N.E.2d at 136 .	1	1
Indiana Farmers Mutual Insurance v. Speergreen indctapp · 1980 · cited in 1 Indiana opinions naming this issue, 2001–2001 1 sentence 2001The court then held that "under the facts of this case, ... it would be a tortured strain of the statute to include [the mother and daughter] as covered under the uninsured motorist clause of the [husband/father's insurance policy]." Id. at 259 (emphasis supplied).	1	1
Whitledge v. Jordangreen indctapp · 1992 · cited in 1 Indiana opinions naming this issue, 2000–2000 1 sentence 2000See Whitledge v. Jordan, 586 N.E.2d 884, 885-86 (Ind.Ct.App.1992).	1	1
Erie Insurance v. Hickman Ex Rel. Smithgreen ind · 1993 · cited in 1 Indiana opinions naming this issue, 1998–1998 1 sentence 1998Id. at 523, n. 4 .	1	1
Tofany v. NBS Imaging Systems, Inc.green ind · 1993 · cited in 1 Indiana opinions naming this issue, 1993–1993 1 sentence 1993See Tofany v. NBS Imaging Systems, Inc. (1993), Ind., 616 N.E.2d 1034, 1038 ; Sullivan v. American Casualty (1992), Ind., 605 N.E.2d 134, 139 .	1	1
Fred J. Craft, Irene Craft, and Joanne Craft v. Economy Fire & Casualty Companygreen ca7 · 1978 · cited in 1 Indiana opinions naming this issue, 1992–1992 1 sentence 1992Co. v. Shryer (1882), 85 Ind. 862 ); accord Croft v. Economy Fire & Casualty Co. (ith Cir.1978), 572 F.2d 565, 570 (interpreting Indiana law).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Matteson v. Citizens Insurance Co. of America green indctapp · 2006 1 sentence 2018Co. of Am. , 844 N.E.2d 188 , 192 (Ind. Ct. App. 2006).	1	2018–2018
Gooch v. State Farm Mutual Automobile Insurance green indctapp · 1999 2 sentences 2004Id. at 39 . 2004Id. at 39 .	1	2004–2004
Berry v. State Farm Mutual Automobile Insurance green michctapp · 1996 2 sentences 2002Second, in Berry v. State Farm Mutual Automobile Insurance Co., 219 Mich.App. 340 , 556 N.W.2d 207 (1996), the court was asked to determine whether an insured was “struck” by an uninsured motor vehicle when the insured’s automobile ran over a piece of metal that had come to rest in the road. 2002Second, in Berry v. State Farm Mutual Automobile Insurance Co., 219 Mich.App. 340 , 556 N.W.2d 207 (1996), the court was asked to determine whether an insured was “struck” by an uninsured motor vehicle when the insured’s automobile ran over a piece of metal that had come to rest in the road.	1	2002–2002
Atwood v. State Farm Mutual Insurance green ohioctapp · 1990 1 sentence 2002The trial court’s grant of summary judgment for the insurer was reversed because there was “a genuine issue of fact as to whether the limestone from the passing truck striking [the insured’s] windshield and injuring him was a sufficient striking or ‘actual physical contact’ ... to require coverage under the uninsured motorist clause of [the insured’s] policy.” Id.	1	2002–2002
Sullivan v. American Cas. Co. of Reading, Pa. green ind · 1992 1 sentence 1993See Tofany v. NBS Imaging Systems, Inc. (1993), Ind., 616 N.E.2d 1034, 1038 ; Sullivan v. American Casualty (1992), Ind., 605 N.E.2d 134, 139 .	1	1993–1993
Huff v. Travelers Indemnity Co. green ind · 1977 2 sentences 1992Thus, the court below was correct that insurance companies have a duty to "assist the policy holder from whom they took premiums...." Although the trial court's expression of that duty seems directed at Hawkeye, which took premiums from Stewart, we believe it sound policy to also impose a duty on an insurer faced with an uninsured motorist claim made by an injured passenger of its insured of bearing itself "'with all good faith towards the claimant. ...'" Huff, 266 Ind. at 424 , 363 N.E.2d at 991 (quoting Aetna Ins. 1992Thus, the court below was correct that insurance companies have a duty to "assist the policy holder from whom they took premiums...." Although the trial court's expression of that duty seems directed at Hawkeye, which took premiums from Stewart, we believe it sound policy to also impose a duty on an insurer faced with an uninsured motorist claim made by an injured passenger of its insured of bearing itself "'with all good faith towards the claimant. ...'" Huff, 266 Ind. at 424 , 363 N.E.2d at 991 (quoting Aetna Ins.	1	1992–1992
Panos v. Perchez green indctapp · 1989 1 sentence 1990Panos v. Perchez (1989), Ind.App., 546 N.E.2d 1253, 1255 .	1	1990–1990
Bocek v. Inter-Insurance Exchange of Chicago Motor Club green indctapp · 1977 2 sentences 1990Thus, the Bocek court held the insured’s uninsured motorist claim failed because the underlying right of action no longer existed—there was no “legal[] entitlement] to recover damages.” 873 Bocek, 175 Ind.App. at 75 , 369 N.E.2d at 1097 . 1990Thus, the Bocek court held the insured’s uninsured motorist claim failed because the underlying right of action no longer existed—there was no “legal[] entitlement] to recover damages.” 873 Bocek, 175 Ind.App. at 75 , 369 N.E.2d at 1097 .	1	1990–1990
Michigan Mutual Insurance Co. v. Combs green indctapp · 1983 1 sentence 1987This court found the claimant was "upon" the insured automobile and summary judgment in his favor was proper. 446 N.E.2d at 1007 .	1	1987–1987
Hoosier Ins. Co., Inc. v. Mangino green indctapp · 1981 1 sentence 1984Mangino, supra. The uninsured motorist clause appearing in one of Hunter's insurance policies states that Town & Country agrees "to pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, herein called 'bodily injury', sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile ..." This is substantially similar to the related provision in Hu	1	1984–1984
Capps v. Klebs green indctapp · 1978 1 sentence 1980Although we agree that the uninsured motorist provisions should be liberally construed in favor of the insured, see" Capps v. Klebs, (1978) Ind.App., 382 N.E.2d 947 , under the facts of this ease, we believe that it would be a tortured strain of the statute to include Beverly and Donna as covered under the uninsured motorist clause of the Indiana Farmers policy.	1	1980–1980
Ely v. State Farm Ins. green indctapp · 1971 1 sentence 1976Ind. App. 586, 268 N.E.2d 316 (transfer denied)], it may appear that this court approved an ‘exception,’ the effect of which was to limit protection under an uninsured motorist clause to less than all the persons statutorily required to be protected, such is not the case.	1	1976–1976
Page v. Insurance Co. of North America green calctapp · 1967 1 sentence 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) *702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins	1	1972–1972
Coker Ex Rel. Estate of Coker v. Nationwide Insurance green sc · 1968 1 sentence 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) *702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins	1	1972–1972
Smith v. Allstate Insurance Company green tenn · 1970 1 sentence 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) *702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins	1	1972–1972
Roloff v. Liberty Mutual Insurance Company green lactapp · 1966 1 sentence 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) *702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins	1	1972–1972
Amidzich v. Charter Oak Fire Insurance green wis · 1969 2 sentences 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) 702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins 1972Co., supra; Page v. Insurance Company of North America (1967), 256 Cal. App. 2d 374 , 64 Cal. Rep. 89 ; Prosk v. Allstate Insurance Co., supra; Roloff v. Liberty Mutual Insurance Co. (La. 1966), 191 So. 2d 901 ; Coker v. Nationwide Insurance Co. (1968), 251 S. Car. 175, 161 S. E. 2d 175 ; Smith v. Allstate Insurance Co. (1970 Tenn.), 456 S. W. 2d 654 ; Amidvich v. Charter Oak Fire Insurance Co. (1969), 44 Wis. 2d 45 , 170 N. W. 2d 813 .” (Emphasis supplied.) 702 As a result, the absence of physical contact between the injured person and a hit-and-run vehicle is fatal to a claim under an unins	1	1972–1972
Stephens v. Allied Mutual Insurance Company green neb · 1968 2 sentences 1970Co., 182 Neb. 562 , 156 N.E.2d 133 , that the proper interpretation of our statutes on uninsured motorist's liabilities is that the uninsured motorist clause is a substitute liability policy. 1970Co., 182 Neb. 562 , 156 N. E. 2d 133 , that the proper interpretation of our statutes on uninsured motorist’s liabilities is that the uninsured motorist clause is a substitute liability policy.	1	1970–1970

Statutes the citing opinions construe

IN § Ind. Code § 27-4-1-4.5 (5) IN § Ind. Code § 27-7-5-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 60 (1974–2024) NY 57 (1976–2026) IL 49 (1971–2024) FL 39 (1964–2018) LA 34 (1966–2016) OH 28 (1974–2025) CA 27 (1967–2021) MO 21 (1970–2008) IN 20 (1970–2020) NJ 20 (1976–2020) TX 15 (1970–2016) CT 14 (1985–2015) GA 13 (1967–2024) MS 12 (1987–2025) RI 9 (1970–2010) OR 9 (1972–2007) AL 9 (1982–2016) KS 8 (1989–2022) OK 8 (1974–2000) AZ 8 (1970–2006) WV 7 (1994–2010) ID 7 (1981–2010) NM 6 (1978–2024) MI 6 (1972–2023) WI 6 (1990–2012) TN 6 (1976–2026) MD 5 (1981–2019) DE 5 (1982–2020) MN 4 (1999–2004) IA 4 (1978–2014) NC 3 (1967–2005) ME 3 (1987–2004) AK 3 (1978–2024) VA 3 (1992–2016) CO 2 (2005–2019) WY 2 (1991–1994) NH 2 (1999–2007) UT 2 (2000–2017) NE 2 (1969–1990) KY 2 (1992–2023) WA 2 (1971–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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