Legal Opinion

D'Archangel v. Allstate Insurance Co.

Indiana Court of Appeals

Decided October 11, 1995No. 02A05-9406-CV-255PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BARTEAU, Judge.

Dale and Brandy D'Archangel appeal from the entry of summary judgment in favor of Allstate Insurance Company and the denial of their own motion for summary judgment. At issue is whether Ind.Code 84-4-41-1, e seq., requires an insurer claiming reimbursement rights to pay a pro rata share of the costs incurred by its insured in asserting a *295claim against a third party tortfeasor which the insured settled prior to filing suit.

FACTS

The facts are undisputed. On October 7, 1992, Dale D'Archangel was involved in an automobile accident. Allstate insured the D'Archangels under an…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Detterline v. BonaventuraIndiana Court of Appeals · 1984
  2. State v. Windy City Fireworks, Inc.Indiana Court of Appeals · 1992
  3. Merimee v. BrumfieldIndiana Court of Appeals · 1979
  4. Timothy F. Kelly and Assoc. v. Ill. Farmers Ins. Co.Indiana Court of Appeals · 1994
  5. Fire Insurance Exchange v. Bell Ex Rel. BellIndiana Court of Appeals · 1994

3Cited by5 opinions

  1. Erie Insurance Co. v. GeorgeIndiana Supreme Court · 1997
  2. Barclay v. Universal Underwriters GroupIndiana Court of Appeals · 1998
  3. Erie Insurance Co. v. GeorgeIndiana Court of Appeals · 1995
  4. Indiana Union Mutual Insurance Group v. SmithIndiana Court of Appeals · 1995
  5. D'Archangel v. Allstate Insurance Co.Indiana Court of Appeals · 1995

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