Smith v. Auto-Owners Insurance Co.

OPINION

KIRSCH, Judge.

Mary Lou Smith, Heather Nicole Smith, and Mary Lou Smith and John W. Smith as natural parents and guardians of Jonathan Travis Smith (collectively, “the Smiths”) appeal the trial court’s grant of summary judgment in favor of Auto-Owners Insurance Company (“Auto-Owners”). They raise the following restated issue: whether the Smiths’ uninsured motorist claim was barred by the language of the insurance policy and by IC 27-7-5-4.

We reverse.

FACTS AND PROCEDURAL HISTORY

This case arises from an auto accident that occurred on February 10, 1999, between the Smiths’ vehicle and…