February 6, 2015
SELECTIVE INSURANCE CO. OF SOUTH CAROLINA, et al., Appellants,
ERIE INSURANCE EXCHANGE, et al., Appellees
Court of Appeals Cause No. 73A01-1307-PL-311. Trial Court Cause No. 73D01-1109-PL-3.
Loretta H. Rush, Chief Justice of Indiana. Dickson, Rucker, and Massa, JJ., concur. Rush, C.J., and David, J., dissent fro the denial of transfer.
Loretta H. Rush, Chief
Justice of Indiana.
By order dated December 18, 2014, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Selective Insurance Co. of South Carolina v. Erie Insurance Exchange, 14 N.E.3d 105 (Ind.Ct.App. 2014), should be reinstated as Court of Appeals precedent.
Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.