On September 3, 2024, a Howard County Superior Court issued an order granting partial summary judgment in favor of State Farm Mutual Insurance Company (“State Farm”) and against Erie Insurance Exchange (“Erie”).  This dispute arose from an automobile crash involving two vehicles with four insurance companies potentially obligated to provide underinsured motorist coverage.  After two of the insurance companies were dismissed from this lawsuit, Erie and State Farm disagreed over which of their respective policies provided primary underinsured motorist coverage.  Both insurers moved for partial summary judgment regarding this issue.  In this appeal, both parties believe that it is entitled to judgment as a matter of law under the terms of their respective policies and Indiana Code § 27-8-9-11. 

The scheduled panelists are Judge Bradford, Judge Pyle, and Judge Kenworthy.