Legal Opinion · Dissent

State Farm Mutual Automobile Insurance Company v. Kimberly S. Earl and The Estate of Jerry Earl

Indiana Court of Appeals

Decided January 24, 2014No. 36A05-1212-CT-635Published

1DissentRiley, Judge

I respectfully disagree with the majority's decision to reverse the jury verdict and remand for a new trial. As an issue of first impression, State Farm disputes the admissibility at trial of the bodily injury limit for UM coverage in the Earls' policy. Specifically, relying on a relevancy argument, State Farm asserts that the UM coverage limits should be excluded because *1013the amount of coverage is irrelevant to the issue of damages that is being decided. I disagree.

While State Farm is correct that no Indiana case has decided this issue on point, case law exists where a policy's UM limits were…

2Cases cited2 opinions

  1. Allstate Insurance Co. v. HammondIndiana Court of Appeals · 2001
  2. Malott v. State Farm Mutual Automobile Insurance Co.Indiana Court of Appeals · 2003

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