Legal Opinion · Concurring in part, dissenting in part

State Farm Mutual Automobile Insurance Co. v. Estep

Indiana Supreme Court

Decided September 25, 2007No. 03S01-0505-CV-255Published

1Concurring in part, dissenting in partBoehm, Justice

I agree with the majority that under this Court’s precedent in PicadiUy, Inc. v. Raikos, 582 N.E.2d 338 (Ind.1991), Perkins’s legal malpractice claims against his attorney Jerry L. Susong are not assignable. I also agree with the majority’s brief statement that because proceedings supplemental are “merely an extension of the underlying action, the merits of any assigned claim should not be tried in this limited forum.”

I dissent in part because I do not agree with .the majority that State .Farm should have been allowed to intervene in the proceeding supplemental. The Court of Appeals concluded…

2Cases cited38 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Baker v. General Motors Corp.Supreme Court of the United States · 1998
  3. Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
  4. USA Life One Insurance v. NuckollsIndiana Supreme Court · 1997
  5. Picadilly, Inc. v. RaikosIndiana Supreme Court · 1991

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