from the Tippecanoe Superior Court The Honorable Randy J.
Williams, Judge Trial Court Cause No. 79D01-1708-CT-127
Attorneys for Appellant Dale W. Eikenberry Elizabeth S.
Schmitt Wooden McLaughlin LLP Indianapolis, Indiana
Attorneys for Appellees Cary J. Solida State Farm Litigation
Counsel Indianapolis, Indiana
In August of 2015, John Weaver was driving a vehicle which he
owned and which was insured by Indiana Farmers Mutual
Insurance Company ("Indiana Farmers") when he lost
control and drove it into the home of Bryan and Sunday
Vanzile ("the Vanziles"). Indiana Farmers sought a
declaratory judgment that it had no duty to provide coverage
to Weaver, who was driving with a suspended driver's
license, pursuant to the terms of the insurance contract
(" the Policy"), specifically under the exclusions
provision ("Entitlement Exclusion"). In 2018, State
Farm Mutual Automobile Insurance Company ("State
Farm"), joined by the Vanziles (collectively
"Appellees"), moved for summary judgment, and
Indiana Farmers moved for summary judgment as well. The trial
court entered summary judgment in favor of the Appellees and
denied Indiana Farmers's motion. Indiana Farmers contends
that the trial court erred in denying its cross-motion for
summary judgment because the Entitlement Exclusion excluded
Weaver from coverage while driving with a suspended
driver's license. Because we disagree, we affirm.
and Procedural History
On August 29, 2015, Weaver lost control of his vehicle and
drove into the residence of the Vanziles, causing bodily
injury and property damage. Weaver's driver's license
was suspended at the time. Weaver's vehicle had been
insured since March 11, 2015, by Indiana Farmers under the
Policy, which provided, in relevant part:
Part A - Liability Coverage
A. We will pay damages for "bodily injury" or
"property damage" for which any "insured"
becomes legally responsible because of an auto
accident[…]We will settle or defend, as we consider
appropriate, any claim or suit asking for these
damages[…]We have no duty to defend any suit or settle
any claim for "bodily injury" or "property
damage" not covered under this policy.
B. "Insured" as used in this Part means:
1. You or any "family member" for the ownership,
maintenance or use of any auto or ...