PROGRESSIVE INS. CO. v. GENERAL MOTORS CORP.

No. 56S03-0106-CV-266.

749 N.E.2d 484 (2001)

PROGRESSIVE INSURANCE COMPANY, Appellant (Plaintiff Below), v. GENERAL MOTORS CORPORATION, Appellee (Defendant Below). Ford Motor Company, Appellant (Defendant Below), v. Progressive Insurance Company, Appellee (Plaintiff Below). General Motors Corporation, Appellant (Defendant Below), v. United Farm Bureau Insurance, as Subrogee of Cecil L. Marshall, and Cecil L. Marshall, Individually, Appellees (Plaintiffs Below). Ford Motor Company, Appellant (Defendant Below), v. Foremost Insurance Company, Appellee (Plaintiff Below). Progressive Insurance Company, Appellant (Plaintiff Below), v. Ford Motor Company, Appellee (Defendant Below).

Supreme Court of Indiana.

June 6, 2001.


Attorney(s) appearing for the Case

Mitchell M. Pote, Michael E. Simmons, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Progressive Insurance Company.

Ronald W. Frazier, Frazier Law Office, Indianapolis, IN, Attorney for United Farm Bureau Insurance.

Marshall W. Grate, Roberts, Betz, & Bloss, P.C., Grand Rapids, MI, Attorney for Foremost Insurance Company.

Julia Blackwell Gelinas, Jeffrey J. Mortier, Kevin C. Schiferl, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Ford Motor Company.

Julia Blackwell Gelinas, Jeffrey J. Mortier, Locke Reynolds LLP, Indianapolis, IN, Attorneys for General Motors Corporation.


ON PETITION FOR TRANSFER

BOEHM, Justice.

Once again we are faced with a policy argument that precedent from this Court construing a statute is ill conceived. We agree that valid arguments are raised for and against recovery under the Products Liability Act for damages to a product sustained as a result of the product's own defect. However, we believe these policy considerations are for the legislature and...

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