Allstate Insurance Co. v. Bradtmueller

I respectfully dissent. Bradtmueller’s argument before the trial court was that because the term “award” was not defined in the insurance policy, “award” meant the original amount awarded by the arbitration panel, before any credits were applied, or $50,-000.00. Therefore, under Bradtmueller’s reasoning, Bradtmueller would be allowed the option to pursue a cause of action under the terms of the policy, the “escape clause,” because the award amount exceeded the financial responsibility limits of $25,000.00. See Ind.Code § 9-25-2-3.

Insurance Company argued that Bradt-mueller was precluded from…