Asklar v. Gilb
9 N.E.3d 165
| Ind. | 2014Background
- Asklar appeals summary judgment capping Empire's UIM liability at $75,000.
- Truck was registered and garaged in Indiana; Indiana law applies.
- Empire provided $5 million liability coverage; UIM/UM limits listed at $75,000.
- Endorsements/waivers attempted to classify leased truck as owned auto, triggering $75,000 UIM cap.
- Waiver/rejection forms lack policy-number reference and do not expressly address UIM; validity is contested.
- Court of Appeals held Indiana law applies but left waivers' validity unresolved; remand for fact-finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which law governs? | Asklar: Indiana law applies. | Empire/Werner: Georgia law applies. | Indiana law applies. |
| What is the correct UIM coverage amount? | Asklar argues higher UIM limits apply unless waived properly. | Werner/Empire contend $75,000 applies per declarations. | Material facts exist regarding the coverage amount; remand necessary. |
| Are waivers/rejections of UIM valid under Indiana law? | Asklar argues waivers are insufficiently identified and invalid. | Werner/Empire contend waivers are valid evidence of reduced coverage. | Issue of waiver validity not ripe for summary judgment. |
| Does the Schedule alone establish the lower limit, or must waivers be valid? | Asklar asserts waivers must meet Indiana requirements to reduce coverage. | Empire asserts schedule and waivers suffice to show reduced limit. | Waiver validity and impact require fact-finding. |
Key Cases Cited
- Reed v. Reid, 980 N.E.2d 277 (Ind. 2012) (summary-judgment standard and burden-shifting)
- Asklar v. Gilb, 979 N.E.2d 664 (Ind. Ct. App. 2012) (Indiana applicability of law based on vehicle registration/garaging)
- Asklar v. Gilb, 987 N.E.2d 521 (Ind. 2013) (table decision; transfer granted)