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.
Masten v. AMCO Ins. Co. oral argument
Masten v. AMCO Ins. Co., 953 N.E.2d 566 (Ind. Ct. App. 2011) opinion
AMCO has filed a request with the Indiana Supreme Court. That request is pending. No decision has been made as of yet.
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