Legal Opinion · Dissent

American United Life Insurance Co. v. Restaurant Hospitality Ass'n of Indiana

Indiana Court of Appeals

Decided December 23, 2008No. 49A04-0804-CV-203Published

1DissentBrown, Judge

I respectfully dissent from the majority’s reversal of the grant of summary judgment to the associations. I conclude that a meeting of minds did not occur and that the trial court properly granted the associations’ motion for summary judgment.

“To create a contract of insurance there must be an agreement between the insurer and the insured. There must be a meeting of the minds.” Celina Mut. Cas. Co. v. Baldridge, 218 Ind. 198, 203-204, 10 N.E.2d 904, 906 (1937), reh’g denied. A contract of insurance requires a meeting of the minds of the parties upon the following essential elements of a…

2Cases cited6 opinions

  1. Stockberger v. Meridian Mutual InsuranceIndiana Court of Appeals · 1979
  2. Wabash Grain, Inc. v. SmithIndiana Court of Appeals · 1998
  3. Marquez v. MayerIndiana Court of Appeals · 2000
  4. Meridian Insurance Co. v. ZepedaIndiana Court of Appeals · 2000
  5. The Celina Mutual Casualty Co. v. BaldridgeIndiana Supreme Court · 1937

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