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STATE FARM MUT. AUTO. INS. CO. v. GUTIERREZ

No. 45S03-0608-CV-302.

866 N.E.2d 747 (2007)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Michael Cancel, Appellants (Defendants below), v. Francisco GUTIERREZ, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 22, 2007.

Attorney(s) appearing for the Case

Richard M. Davis, Jack A. Kramer, Kevin G. Kerr, Valparaiso, IN, Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Indianapolis, IN, Attorneys for Appellant State Farm Mutual Automobile Insurance Company.

Robert D. Brown, Merrillville, IN, Attorney for Appellant Michael Cancel.

James D. Johnson, Max E. Fiester, Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

Timothy F. Kelly, Beth L. Brown, Crown Point, IN, Attorneys for Appellee.

SULLIVAN, Justice.

A passenger in a truck insured by State Farm Insurance was injured in an accident. The passenger sued both the driver for negligence and State Farm for bad faith. We affirm the trial court's decision denying the driver's request that the claims against him be tried separately from those against State Farm. Neither prejudice to his case nor general policy considerations overcome the fact that the driver did not file his request within the deadline...

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