Hanna v. Indiana Farmers Mutual Insurance Co.
2012 Ind. App. LEXIS 80
| Ind. Ct. App. | 2012Background
- Casey Hanna, age 16, died in a drag-race collision in Delaware County; plaintiffs are his parents.
- Liable drivers' insurers paid wrongful-death claims totaling $300,000; Hannas accepted these payments.
- Hannas were insured by Indiana Farmers with UIM limits: $250,000 per person, $500,000 per accident.
- Hannas' UIM coverage is reduced by payments to non-insureds and is subject to a single joint wrongful-death claim under the CWDA.
- Trial court granted summary judgment for Indiana Farmers; court of appeals affirms, ruling Hannas cannot recover under UIM beyond CWDA-allowed single joint claim.
- CWDA interpretation and Bush v. State Farm guide the holding that parents’ wrongful-death recovery is limited to a single joint claim under CWDA and that UIM does not provide additional recovery when CWDA limits are exhausted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CWDA allows a single joint claim or separate claims by each parent | Hanna(s) can bring separate wrongful-death claims | CWDA permits only one joint claim | Hannas may only pursue a single joint CWDA claim |
| Whether Hannas are underinsured under Indiana Farmers UIM after receiving other drivers’ payments | Hannas are underinsured and entitled to remaining UIM | CWDA already exhausted UIM; not underinsured | Hannas are not underinsured; no further UIM recovery available |
| Whether Bush v. State Farm limits recovery to CWDA rather than common-law damages | Common-law or separate damages may apply | Bush requires CWDA framework governs wrongful-death recovery | CWDA framework governs; no independent common-law wrongful-death recovery |
Key Cases Cited
- Elkhart Cmty. Schs. v. Yoder, 696 N.E.2d 409 (Ind.Ct.App.1998) (single undivided claim; damages limited to pecuniary losses and loss of love/companionship)
- Myers v. County of Lake, Indiana, 30 F.3d 847 (7th Cir. 1994) (damages for wrongful death are pecuniary in nature under CWDA context)
- Bush v. State Farm Mut. Auto. Ins. Co., 905 N.E.2d 1003 (Ind.2009) (no common-law wrongful-death liability; UIM designed to fill gaps for dependents)
- Yoder v. Elkhart Cmty. Schools, 696 N.E.2d 409 (Ind.Ct.App.1998) (illustrates single joint verdict under CWDA)