Uninsured motorist claim reinstated

More than two years after suing his insurance company for underinsured motorist benefits, Ezra Bradshaw amended his complaint to add a claim for uninsured motorist benefits.  The trial court granted the insurer’s summary judgment motion, and the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw’s amended complaint timely. On October 30, 2009, the Indiana Supreme Court reversed the trial court’s grant of summary judgment, noting, “We see requiring insured plaintiffs with similar policy provisions to assert both underinsured and uninsured claims against their insurers as likely adding paperwork of little value to litigation of this sort.”

High court hears FSSA appeal

The Alice Meyer Trust missed its extended court deadline to file the record concerning a Family & Social Services Administration (“FSSA”) decision that the trust was challenging in the trial court. Based on the missed deadline, the agency sought to dismiss the trust’s complaint, which the Ripley Circuit Court denied, allowing the Trust to file a belated record.  The FSSA appealed the denial of its motion to dismiss.  The Court of Appeals issued an opinion in which one judge voted to affirm, the second judge concurred in the result, and the third judge dissented.  The Indiana Supreme Court has granted a petition to transfer the case and assumed jurisdiction over the appeal. Vacated ruling below: Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. 2009).