Testing 123 Link


Testing 123 Link


Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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.4th 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.

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