Loomis was driving in New York in a commercial truck registered in Indiana when he was struck by another driver. Loomis sued ACE American for underinsured motorist coverage after ACE denied his claim because his employer’s $3 million retained limit had not been exhausted. In Loomis v. ACE American Insurance Company, 91 F.4^th 565 (2d Cir. 2024), the United States Court of Appeals for the Second Circuit certified two questions of Indiana law to this Court:

Is an insurance policy that provides automobile liability insurance in excess of a retained limit, as opposed to in excess of a primary liability insurance policy, a “commercial excess liability policy” within the meaning of Indiana Code § 27-7-5-2(d)?

If not, if an insurer issues an automobile liability policy with a $7 million liability limit applicable only after a $3 million retained limit is exhausted, is that insurer’s statutory obligation to provide UIM coverage subject to a $3 million retained limit?

The Indiana Supreme Court has accepted these two certified questions.