Legal Opinion

Pinkerton's Inc. v. Ferguson

Indiana Court of Appeals

Decided April 4, 2005No. 48A04-0407-CV-364Published

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Pinkerton's, Inc., appeals the trial court's declaratory judgment, which concluded that Pinkerton's was not entitled to a worker's compensation lien on proceeds paid to Rita Ferguson under the uninsured motorist provision of her personal automobile insurance policy and that Pinkerton's liability to provide worker's compensation benefits was not terminated by Ferguson's receipt of those proceeds. Because we find that it would contravene public policy to permit Pinkerton's to assert a lien on Ferguson's insurance proceeds and that termination of benefits is not…

2Cases cited9 opinions

  1. Frampton v. Central Indiana Gas CompanyIndiana Supreme Court · 1973
  2. Johnson v. Fireman's Fund Ins. Co.Supreme Court of Louisiana · 1983
  3. Sims v. United States Fidelity & Guaranty Co.Indiana Supreme Court · 2003
  4. Waldridge v. Futurex Industries, Inc.Indiana Court of Appeals · 1999
  5. Adams v. Delmarva Power & Light Co.Supreme Court of Delaware · 1990

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