PISTALO v. PROGRESSIVE CAS. INS. CO.

No. 45A04-1204-PL-214.

983 N.E.2d 152 (2012)

Slavojka PISTALO, Appellant-Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY and The Estate of Iris M. Wilks, Deceased, Appellees-Defendants.

Court of Appeals of Indiana.

December 27, 2012.


Attorney(s) appearing for the Case

Adam J. Sedia , Rubino, Ruman, Crosmer & Polen, Dyer, IN, Attorney for Appellant.

J. Thomas Vetne , Brian M. Kubicki , Jones Obenchain, LLP, South Bend, IN, Attorneys for Appellee Progressive Casualty Insurance Company.


OPINION

CRONE, Judge.

Case Summary

In 2005, Slavojka Pistalo filed a personal injury action against Iris Wilks for injuries stemming from a 2003 vehicle collision. Wilks was insured by Progressive Casualty Insurance Company ("Progressive"), and Pistalo and Progressive began settlement negotiations. Unbeknownst to Pistalo, Wilks had died in the fall of 2003, and no estate had ever been opened. When Pistalo...

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