INDIANA INS. GUAR. ASSOCATION v. SMITH

Court of Appeals Case No. 71A03-1703-CT-610.

82 N.E.3d 383 (2017)

INDIANA INSURANCE GUARANTY ASSOCIATION, Appellant-Defendant, v. Carlos A. SMITH, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 25, 2017.


Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: John H. Halstead , Ryan D. O'Day , Kightlinger & Gray, LLP., Merrillville, Indiana.

ATTORNEYS FOR APPELLEE: Douglas E. Sakaguchi , James P. Barth , Pfeifer, Morgan & Stesiak, South Bend, Indiana.

ATTORNEYS FOR AMICUS CURIAE INDIANA TRIAL LAWYERS ASSOCIATION William E. Winingham , Jonathon B. Noyes , Wilson Kehoe Winingham LLC, Indianapolis, Indiana.


Two motorists were involved in a car accident. During the subsequent legal proceedings, the Indiana Insurance Guaranty Association (IIGA) intervened as the real party in interest, and the trial court substituted the IIGA for the original insurance company defendant. The IIGA filed a motion to dismiss, arguing that the tortfeasor's...

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