Dirk Morris, et al. v. Economy Fire & Casualty, et al. (9/2004 IndCtApp) [Insurance]
Riley, Judge
ISSUE. * * * [W]hether the trial court erred in granting summary judgment in favor of Economy. * * *United Farm Family Mutual Insurance Company v. Harold Michalski, et al. (9/2004 IndCtApp) [Insurance; Personal Property; Replevin]On May 30, 2000, the owner of a mini-storage facility in Cloverdale, Indiana, contacted the Morrises to inform them that the storage unit that they rented from the facility had been broken into. Several items were taken from the Morrises’ storage unit, including a number of personal property items. Dirk went to the site of the mini-storage facility and met with an Indiana State Police Officer. At that time, Dirk estimated the loss to be approximately $15,000.00, as the used or garage sale value of the property that was stolen. * * *
On December 27, 2000, [the Morrises] submitted their Sworn Statement in Proof of Loss claiming the value of the stolen items to be Thirty-Eight Thousand Thirty-Eight Dollars and 28/100 ($38, 038.28). * * *
Based upon all of the above, we find that Economy has not shown that the Morrises willfully and intentionally refused to provide Economy with the necessary documentation so that it could continue its investigation of the Morrises’ insurance claim. Further, we hold that a genuine issue of material fact exists regarding the Morrises’ failure to submit to separate examinations under oath as required by the insurance policy. Consequently, we conclude that the trial court’s award of summary judgment in favor of Economy was not appropriate. T.R. 56(C). * * *
[W]e find that the trial court erred in granting Economy’s motion for declaratory judgment. Particularly, Economy’s motion was based on its claim that the Morrises breached the insurance contact, and therefore, that the Morrises were not entitled to bring a suit in tort against them, pursuant to the policy. However, since we have determined that genuine issues of material fact exist regarding whether the Morrises breached the insurance contract, there is insufficient evidence as a matter of law to conclude that the Morrises were not entitled to file a lawsuit before the one-year limitations period expired. Consequently, we find that the trial court erred in denying the Morrises’ motion for summary judgment, and granting Economy’s motion for declaratory judgment.
Following a bench trial, Appellant, United Farm Family Mutual Insurance Company (“United”), appeals from the trial court’s adverse judgment in an action for replevin of a boat known as Velocity brought by Riverside Lounge & Marina, Inc. (“Riverside”) and Riverside’s owner, Harold Michalski. Upon appeal, United presents four issues for our review, one of which we find dispositive: whether the trial court erred in finding for and awarding damages to Michalski and Riverside in their action for replevin. We reverse and remand.Posted by Marcia Oddi at September 20, 2004 02:14 PMThis litigation centers around who, between the parties, has proper legal title and a right to possession of a 1988, thirty foot, Regal cigarette boat, HIN RGMT1035K788, known as Velocity. * * *
In short, Michalski and Riverside did not establish that Velocity was stored “at the request of or with the consent of its owner, the authorized agent of the owner, or the lawful possessor thereof.” Thus, Riverside did not establish that it had acquired a valid lien against Velocity. In applying for a title to Velocity, inaccurate representations were made, i.e. that a valid lien had been acquired, to induce the State of Illinois to issue a new title to the boat to Riverside. Riverside and Michalski thus failed as a matter of law to establish a valid title to Velocity which is superior to United’s. Further, Michalski and Riverside did not show that they have a right of possession to Velocity other than through the purported title, which we have concluded was not properly obtained. Therefore, we hold that the trial court erred in finding for Michalski and Riverside on their claim of replevin. The judgment of the trial court is reversed and remanded for further proceedings.
MAY, J., and VAIDIK, J., concur.