Unambiguous “Suit Against Us” Provision Precludes Untimely Suit

By RJ Prioe, Taylor DeVore & Padgett PC

The Indiana Court of Appeals affirmed summary judgment in favor of an insurer based on the relevant policy’s “Suit Against Us” condition, which required that any suit seeking damages under the Uninsured Motorist (UM) coverage provisions cannot be “barred by the tort statute of limitations.” Insureds claimed this provision was ambiguous, but the Court of Appeals rejected the argument and held that the personal injury statute of limitations of two years operated to bar suit against the insurance company for UM coverage. Read the opinion here.

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