Legal Opinion

Wagner v. Yates

Indiana Supreme Court

Decided September 3, 2009No. 22S01-0808-CV-475PublishedCited by 83 opinions

1Opinion of the Court

RUCKER, Justice.

Interpreting an insurance policy as in-eluding set-off and anti-stacking provisions, the trial court granted summary judgment in favor of Insurer. Concluding both provisions are ambiguous, we strictly construe the policy against the Insurer and reverse the judgment of the trial court.

Facts and Procedural History

This is an appeal from the grant of summary judgment. The following facts are not in dispute. Brenda Wagner sued Bobbi Yates for injuries she received in an automobile collision while driving a vehicle owned by her employer,. Wagner's husband joined the action on a loss…

2Cases cited17 opinions

  1. American States Insurance Co. v. KigerIndiana Supreme Court · 1996
  2. Ayres v. Indian Heights Volunteer Fire Department, Inc.Indiana Supreme Court · 1986
  3. Colonial Penn Insurance v. GuzorekIndiana Supreme Court · 1997
  4. Freidline v. Shelby Insurance Co.Indiana Supreme Court · 2002
  5. Beam v. Wausau Insurance Co.Indiana Supreme Court · 2002

12 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.Indiana Supreme Court · 2016
  2. Kroger Co. v. PlonskiIndiana Supreme Court · 2010
  3. Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.Indiana Supreme Court · 2013
  4. Bradshaw v. ChandlerIndiana Supreme Court · 2009
  5. Woodruff v. Indiana Family & Social Services AdministrationIndiana Supreme Court · 2012

78 more not listed; retrieve them via the Exa API.

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