Kerwin Masten was seriously injured in a four-car accident. He and his wife settled their claim with one of the drivers, Ms. Hanson, and sought compensation for their remaining damages pursuant to the underinsured motorist endorsement in the Mastens’ insurance policy with AMCO Insurance Co. AMCO sought summary judgment, alleging that the Mastens’ settlement with Hanson constituted a full set-off of its liability.
The trial court granted summary judgment in favor of AMCO, and the Mastens now appeal, arguing that compensation from Ms. Hanson cannot set-off AMCO’s liability because Hanson was not an underinsured driver.
On appeal and after oral argument, the Court of Appeal reversed the trial court and ruled in Bob’s client’s favor. This appellate decision is a significant win for injured persons who purchase underinsured motorist coverage and are seriously injured in a multiple vehicle crash.
AMCO has filed a request with the Indiana Supreme Court. That request is pending. No decision has been made as of yet.
These case studies should not be used as a substitute for specific legal advice. They are provided only as illustrative examples of the scope of our legal experience. They do not purport to describe all matters with which we are involved. They are summaries only of the matters presented. Every case and legal matter is different. These case studies should not be viewed as suggesting or predicting any outcome in any other legal matter.