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STATE FARN MUT. AUTO. INS. CO. v. JAKUPKO

No. 29S02-0704-CV-140.

881 N.E.2d 654 (2008)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant (Defendant below), v. Patricia JAKUPKO, Nicholas Jakupko, and Matthew Jakupko, Appellees (Plaintiffs below).

Supreme Court of Indiana.

February 28, 2008.

Attorney(s) appearing for the Case

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

Robert B. Clemens, George T. Patton, Jr., Bryan H. Babb, Indianapolis, IN, Attorneys for Amici Curiae, Insurance Institute of Indiana, Inc., National Association of Mutual Insurance Companies, and Property Casualty Insurers Association of America.

John F. Townsend, III, W. Scott Montross, Indianapolis, IN, Attorneys for Appellees.

Jeffrey S. Wrage, Thomas F. Macke, Valparaiso, IN, Attorneys for Amicus Curiae, The Indiana Trial Lawyers Association.

SULLIVAN, Justice.

Richard Jakupko suffered severe injuries and his wife and children emotional distress in an automobile accident caused by an underinsured motorist. Their insurance company contends that their underinsured motorist insurance policy subjects any amount the wife and children can recover for their emotional distress to the per person liability cap applicable to Richard. Such a limitation would violate the requirements of Indiana's underinsured motorist...

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