Weidenaar v. Indiana Insurance Co.

ORDER

MOODY, District Judge.

Before the court are cross-motions for summary judgment on Count I of plaintiff Weidenaar’s complaint. 1 In Count I Weiden-aar seeks a declaration that defendant Indiana Insurance Co.’s (“IIC”) worker’s compensation lien on a judgment he obtained against third parties in state court must be reduced by 40%, that being the jury’s assessment of Weidenaar’s fault for his injuries. (Count II of the complaint seeks compensatory and punitive damages for Weidenaars’ emotional distress caused by IIC’s “grossly negligent” and “malicious” behavior in refusing to reduce the…