Auto insurance coverage is required in Indiana, and most motorists are familiar with the coverage they have and how to go about using it when the need arises. However, the contract that is entered into between a motorist and an insurance company is lengthy, and most motorists do not take the time to read over the entire policy but instead skim the declarations page to gain a basic understanding of their coverage.
However, insurance contracts are long, complicated documents that often require trained eyes to understand and interpret. In fact, there may even be errors or internally inconsistent clauses in an insurance contract that can create confusion for motorists hoping to seek reimbursement for expenses related to property damage or personal injuries. In fact, a recent case in front of the Indiana Supreme Court illustrates how these confusions can arise and what courts can do to resolve problems when they arise.
State Farm Mutual Auto Insurance v. Jakubowicz
Jakubowicz and her two children were injured as a result of an accident caused by a third party. After the accident, Jakubowicz filed a personal injury claim against the third party’s insurance company, seeking compensation for her family’s medical expenses. However, while that claim was being processed, Jakubowicz realized that the total available amount available under that driver’s policy was not going to cover her family’s injuries. She then filed a claim under her own insurance with State Farm, under the underinsured motorist provision. This claim was filed over three years after the accident.