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The Indiana Supreme Court will be hearing seven oral arguments this month, including two back-to-back cases on June 19.
The first case is William Loomis v. ACE American Insurance Company, 24S-CQ-69.
William Loomis was driving in New York in a commercial truck registered in Indiana when he was struck by another driver.
Loomis sued ACE American for underinsured motorist coverage after ACE denied his claim because his employer’s $3 million retained limit had not been exhausted. The U.S. Court of Appeals for the Second Circuit certified two questions of Indiana law to the high court.
First, whether an insurance policy that provides automobile liability insurance in excess of a retained limit, as opposed to in excess of a primary liability insurance policy, a “commercial excess liability policy” within the meaning of Indiana Code § 27-7-5-2(d).
If not, if an insurer issues an automobile liability policy with a $7 million liability limit applicable only after a $3 million retained limit is exhausted, is that insurer’s statutory obligation to provide UIM coverage subject to a $3 million retained limit?
The Indiana Supreme Court has accepted these two certified questions.
The high court will be hearing arguments in the case at 9 a.m. in the Supreme Court Courtroom.
Following arguments for that case, the justices will stay to hear arguments in State of Indiana v. Franciscan Alliance Inc. f/k/a Sisters of St. Francis Health Services, Inc., The Market Place at State Road 37, LLC, Hook SupeRX, LLC, SCP 2010-C36-018, LLC, and Johnson County Indiana, 24S-PL-118.
The case handles land the state took as part of the I-69 project in Johnson County. Certain landowners objected to the state’s valuation of the taking. The Johnson Superior Court entered jury verdicts for the landowners, but the Indiana Court of Appeals reversed in November 2023, reducing Franciscan Alliance’s damages and vacating SCP’s award.
The appellate court’s judgment has since been vacated.
The high court will hear arguments in the case at 10 a.m. in the Supreme Court Courtroom.
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