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Indiana Court of Appeals Hold that Insurer is Not Estopped from Denying Coverage to Insured - Insurance Coverage

Insurance Coverage

Posted on: Feb 21, 2019

By Ian Goodman, Cantrell Strenski & Mehringer LLP

In Harris v. Safeco Insurance Company of Indiana, No. 18A-CT-964, 2018 WL  6547257 (Ind. Ct. App. 2018), a memorandum decision, the Court of Appeals upheld summary judgment in favor of an insured and held that an umbrella insurance policy did not provide coverage for an insured’s bodily injury suffered in a watercraft accident and that the insurer was not estopped from denying coverage to the insured despite its agent’s post-accident statement to the insured that the umbrella policy would provide coverage. The Court held that the insurer was not estopped from denying coverage because the agent’s statement regarding coverage was made after the boating accident, and therefore could not have induced the insured to buy the umbrella policy. In addition, the insured did not swear in her affidavit that the agent, when she sold the policy to the insured, represented to the insured that the policy would provide coverage for watercraft. Thus, the Court held that the insured could not establish an issue of fact as to whether the agent had misrepresented the coverage of the umbrella policy. 

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