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Progressive Paloverde Ins. v. Arnold

Court of Appeals of Indiana

September 4, 2014

PROGRESSIVE PALOVERDE INSURANCE, Appellant - Defendant,
v.
JACOB P. ARNOLD, Appellee -- Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable John F. Hanley, Judge. The Honorable Burnett Caudill, Magistrate. Cause No. 49D11-1206-CT-23089.

ATTORNEY FOR APPELLANT: LINDA Y. HAMMEL, Yarling & Robinson, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: DAVID J. LANGE, Stewart & Stewart, Carmel, Indiana.

ROBB, Judge. BAKER, J., and KIRSCH, J., concur.

Page 994

OPINION

ROBB, Judge

Case Summary and Issue

This appeal involves a claim for uninsured motorist proceeds by Jacob Arnold against his auto insurer, Progressive Paloverde Insurance (" Progressive" ). Progressive brings this interlocutory appeal challenging the trial court's order denying Progressive's motion for partial summary judgment. Progressive raises one issue for review: whether the trial court's denial of partial summary judgment was erroneous. Concluding there is no genuine issue of material fact and Progressive is entitled to judgment as a matter of law, we reverse.

Facts and Procedural History

On March 3, 2012, Arnold purchased a used 1994 Yamaha motorcycle. On March 10, while riding his new motorcycle, Arnold was injured in an accident allegedly caused by the negligent operation of another vehicle by Stephanie Cooley, [1] who was uninsured. At the time of the accident, Arnold was covered by a Progressive automobile insurance policy. That policy included provisions related to uninsured or underinsured motorist coverage, and Arnold paid the premium for that coverage.

Relevantly, Arnold's policy contained the following provision with respect to uninsured motorist coverage:

INSURING AGREEMENT -- UNINSURED/UNDERINSURED MOTORIST BODILY INJURY COVERAGE
If you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle or underinsured motor vehicle because of bodily injury . . . .

Appellant's Appendix at 77 (emphasis omitted). Arnold's policy provided for the following exclusion to his policy's uninsured motorist coverage: " Coverage under this Part III will not apply . . . to bodily injury sustained by any person while using or occupying . . . a motor vehicle that is owned by you, other than a covered auto." Id. at 79, 108 (emphasis omitted). The policy defines " covered auto" as " an auto you become the owner of during the policy period if: a. the auto is not covered by any other insurance policy; b. you notify us within 30 ...


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