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DUNN v. MERIDIAN MUT. INS. CO.

No. 49S02-0510-CV-500.

836 N.E.2d 249 (2005)

James B. DUNN, on behalf of himself and others similarly situated, Appellants (Plaintiffs below), v. MERIDIAN MUTUAL INSURANCE COMPANY, an Indiana Corporation n/k/a State Automobile Mutual Insurance Company, an Ohio Corporation, Appellees (Defendants below).

Supreme Court of Indiana.

October 27, 2005.

Attorney(s) appearing for the Case

Jay P. Kennedy, Indianapolis, Andrew S. Friedman, Elaine A. Ryan, Phoenix, AZ, for Appellants.

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, Arthur P. Kalleres, Robert L. Gauss, Brent W. Huber, Ice Miller, Indianapolis, for Appellees.

BOEHM, Justice.

We hold that uninsured motorist coverage of an automobile policy covers the liability of an uninsured motorist to the insured. If the insured's vehicle is damaged by an uninsured motorist and the insurer chooses to repair the vehicle, the insurer must pay any diminished value of the insured's vehicle, in addition to any costs of repair up to the policy limits.

Factual and Procedural Background

In March 2001, James Dunn, a Tennessee...

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