Howard v. American Family Mutual Insurance Co.

OPINION

ROBB, Judge.

Case Summary and Issue

Following an automobile accident in which his vehicle was struck by an under- insured driver, Russel Howard sued both the underinsured driver and Howard's insurer, American Family Mutual Insurance Company ("American Family"), in Kentucky court, seeking damages from the underinsured driver and underinsured motorist benefits from American Family. Howard's complaint against the underin-sured driver settled for policy limits of $25,000, and Howard's claim against American Family, refiled in Indiana court, was set for a jury trial. In this interlocutory…