Recently, a state appellate court released an opinion in a motor vehicle accident personal injury case that raised an important issue that commonly comes up in Indiana personal injury cases, especially in the common scenario in which an insurance company is involved in defending the lawsuit. The case required the court to decide if an insurance company that wrote a policy for an employer could be liable for an employee’s drunk-driving accident.
In the end, the court held that the insurance policy, which applied to permissive users, did cover the employee’s conduct. Thus, the insurance company was liable for the plaintiff’s myriad injuries.
The plaintiff sustained injuries in a drunk driving accident. The drunk driver was operating a company vehicle when the accident occurred. The plaintiff was successful in a suit against the defendant, and was awarded damages of roughly $1.5 million. However, the defendant was not able to pay the damages award, and so the plaintiff filed a claim to hold the defendant’s employer responsible. Because the defendant’s employer had an insurance policy with uninsured motorist protection, the plaintiff argued that the insurance policy was on the hook for his damages.