Corr v. American Family Insurance

ON PETITION FOR TRANSFER

BOEHM, Justice.

We hold that a vehicle is an "underin-sured motor vehicle" pursuant to Indiana Code section 27-7-5-4(b) if the amount actually available for payment to the insured from the tortfeasor's bodily injury lability policies is less than the policy limits of the insured's underinsured motorist coverage.

Factual and Procedural Background

On June 9, 1997, fifteen-year-old Janel Lacee Corr died from injuries sustained the previous day in a one-car accident on the Indiana Toll Road in LaPorte County. Janel was a passenger in a minivan driven by Andres Balderas that…