(Download) "Meridian Mutual Insurance Company v." by Supreme Court of Indiana No. 64S03-8906-CV-481 * eBook PDF Kindle ePub Free
eBook details
- Title: Meridian Mutual Insurance Company v.
- Author : Supreme Court of Indiana No. 64S03-8906-CV-481
- Release Date : January 05, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On Petition For Rehearing As a result of being struck by Jean Zicherl's automobile while jogging, appellee Norman Richie suffered
amputation of one leg. Richie sued and reached a settlement with Zicherl for $19,000, by which terms her liability insurance
carrier paid its policy limit of $15,000 and Zicherl herself paid $4,000. Richie then sued his own insurance carrier, appellant
Meridian, contending his damages sustained over the amount of the settlement should be compensated under his underinsured
motorist provision. He alleged its coverage as defined by the policy terms to be illusory, and thus should be deemed to have
a limit of liability equal to the $100,000 per person of his own liability coverage, rather than the $15,000 per person limit
of his uninsured motorist coverage. The trial court denied both parties' motions for summary judgment on the issue of the
applicable limit of liability. Meridian filed an interlocutory appeal. The Court of Appeals decided the underinsured motorist provision's limit of liability was unambiguous by the policy terms
and equal to that of the uninsured motorist provision. That court found as well that the underinsured motorist coverage was
not illusory and set forth three sets of circumstances under which Richie potentially could have recovered under that provision.
The Court of Appeals thus ordered the trial court to enter summary judgment in favor of Meridian. Meridian Mut. Ins. Co. v.
Richie (1988), Ind.App., 517 N.E.2d 1265.
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