# American States Insurance Co. v. Braden

> Indiana Court of Appeals · April 14, 1994 · 625 N.E.2d 1252

URL: https://www.frixlaw.com/law-library/cases/9544121

## Case

- **Full name:** AMERICAN STATES INSURANCE COMPANY, Appellant-Defendant, Counterclaimant Below, v. Eugene T. BRADEN & Janice L. Braden, Et Al., Appellees Plaintiffs
- **Court:** Indiana Court of Appeals
- **Decided:** April 14, 1994
- **Citations:** 625 N.E.2d 1252; 1993 WL 517232
- **Precedential status:** Published
- **Opinion:** Concurrence by Garrard
- **Judges:** Hoffman, Conover, Garrard
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9544121

## Opinion text

GARRARD, Judge,
concurring.
I concur in the result reached by the majority. In my view, stated in dissent in Millikan v. USF. & G. (1993) Ind.App., 619 N.E.2d 948 , the 1987 amendments to IC 27-t-5-2, 4 & 5 required insurers to provide underinsured motorist coverage as required therein as and when policies came up for renewal after January 1, 1988. Thus, whether the policy before us was ambiguous is beside the point. At the time of Braden's injury in 1990, American States was required to provide him with underin-sured motorist's coverage since he was *1259 clearly an insured for purposes of delivering the van. ‘

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9544121. Public record. Not legal advice.