Insured Can Obtain Prejudgment Interest in Action Against Underinsured Carrier
Prejudgment Interest
January 11, 2011
On December 30, 2010, the Indiana Court of Appeals answered a question of first impression: Can a plaintiff obtain prejudgment interest under the Tort Prejudgment Interest Statute in a claim against his underinsured motorist's carrier? In Inman v. State Farm Mut. Auto. Ins. Co., 938 N.E.2d 1276 (Ind. Ct. App. 2010), Case No. 41A01-1005-CT-225, the Court answered that question in the affirmative.
Lessons:
On December 30, 2010, the Indiana Court of Appeals answered a question of first impression: Can a plaintiff obtain prejudgment interest under the Tort Prejudgment Interest Statute in a claim against his underinsured motorist's carrier? In Inman v. State Farm Mut. Auto. Ins. Co., 938 N.E.2d 1276 (Ind. Ct. App. 2010), Case No. 41A01-1005-CT-225, the Court answered that question in the affirmative.
Lessons:
- Plaintiffs can recover prejudgment interest from their UM/UIM carriers.
- If a plaintiff recovers prejudgment interest from a UM/UIM carrier, the amount of interest recovered is not limited by the policy limits.
Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
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