JUSTICE v. AMERICAN FAMILY MUT. INS. CO.

No. 49S02-1303-PL-221.

4 N.E.3d 1171 (2014)

Howard JUSTICE, Appellant (Plaintiff below), v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee (Defendant below).

Supreme Court of Indiana.

March 13, 2014.


Attorney(s) appearing for the Case

Ryan O. Farner , Indianapolis, IN, Attorney for Appellant.

Rick D. Meils , John W. Mervilde , Indianapolis, IN, Attorneys for Appellee.


MASSA, Justice.

This case raises a question of contract interpretation: in an insurance policy, does the phrase "limits of liability of this coverage" refer to the policy limit or to the insured's total damages? We believe it is the former, but because this particular setoff would reduce the policy limit below the statutory minimum, we reverse the trial court.

Facts and Procedural History

Kathleen Wagner, an underinsured motorist, collided with an...

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