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

No. 03S01-0505-CV-255.

873 N.E.2d 1021 (2007)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant (Proposed Intervenor below), v. Ruth ESTEP, Personal Representative of the Estate of Ewing Dan Estep, and Assignee of Rights of James D. Perkins, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 25, 2007.


Attorney(s) appearing for the Case

Karl L. Mulvaney, Dennis F. Cantrell, Nana Quay-Smith, Candace L. Sage, Indianapolis, IN, Attorneys for Appellant.

Peter Campbell King, J. Kevin King, Columbus, IN, Attorneys for Appellee.


On Petition To Transfer from the Indiana Court of Appeals, No. 03A01-0401-CV-30.

SHEPARD, Chief Justice.

In this motor vehicle collision case, defendant's insurance carrier offered to pay policy limits even as it continued to defend its insured. Plaintiff refused the offer. A jury awarded damages above policy limits, and the carrier immediately paid on its policy.

In proceedings supplemental, the trial court ordered the insured to assign any cause...

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