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ERIE INS. CO. v. HICKMAN BY SMITH

No. 29S02-9310-CV-1180.

622 N.E.2d 515 (1993)

ERIE INSURANCE COMPANY, Appellant, (Defendant below) v. Ramona HICKMAN, BY Her Next Friend Nancy SMITH, and Nancy Smith, Individually, Appellee. (Plaintiffs below)

Supreme Court of Indiana.

October 27, 1993.

Attorney(s) appearing for the Case

Robert A. Smith, Michael P. Bishop, Bishop Smith Bishop & Bemenderfer, Indianapolis, for appellant Erie Ins. Co.

Max D. Rynearson, Rynearson & Associates, Indianapolis, for appellees Ramona Hickman and Nancy Smith.

Henry J. Price, Gerald W. Mayer, Price & Barker, Indianapolis, for amicus curiae Indiana Trial Lawyers Ass'n.

ON PETITION TO TRANSFER

KRAHULIK, Justice.

We grant transfer to reaffirm the existence of a duty that an insurer deal in good faith with its insured, and to recognize a cause of action in tort for the breach of that duty.

In this case, Ramona Hickman and Nancy Smith (Plaintiffs-Appellees below) filed a first-party claim against Erie Insurance Company (Defendant-Appellant below). Plaintiffs sought a recovery for the breach of an insurance contract...

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