American Economy Insurance v. Motorists Mutual Insurance

DICKSON, Justice.

In American Economy Ins. Co. v. Motorists Mutual Ins. Co. (1992), Ind.App., 593 N.E.2d 1242, the Court of Appeals reversed the trial court’s declaratory judgment and sought to provide guidance on remand as to the application of our intervening decision in Tate v. Secura Insurance (1992), Ind., 587 N.E.2d 665. 1 Appellant American Economy Insurance Co. (American) contends that the Court of Appeals misapplies Tate. We grant transfer.

The present case arose out of an automobile accident involving Kimberly Natalie, an insured of Motorists Mutual Insurance Co. (Motorists) who was…