OMW earns summary judgment in Underinsured Motorist coverage claim

June 28, 2019

Dan Glavin recently earned summary judgment on behalf of an insurer in an underinsured motorist coverage claim. Plaintiff argued that a policy provision allowing the insurer to set off amounts paid under the policy’s medical payments provision was unenforceable because it violated Indiana’s statutes governing uninsured/underinsured coverage. Plaintiff also alleged the insurer’s insistence on enforcing the set off provision constituted bad faith, and sought punitive damages. The Lake Superior Court granted summary judgment to the insurer. Larry Mickow v. MemberSelect Insurance Company, Cause No. 45D05-1808-CT-00481 (June 11, 2019).