Indiana Insurance Guaranty Association v. Carlos A. Smith

Baker, Judge.

Two motorists were involved in a car accident. During the subsequent legal proceedings, the Indiana Insurance Guaranty Association (IIGA) intervened as the real party in interest, and the trial court substituted the IIGA for the original insurance company defendant. The IIGA filed a motion to dismiss, arguing that the tortfea-sor’s insurance company’s denial of coverage did not render him uninsured such that the other motorist seeking damages could not recover under his own insurance policy’s provision on uninsured automobiles. The IIGA brings this interlocutory appeal following…