Golden v. State Farm Mutual Automobile Ins. Co.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-3901
Decision Date: 
March 11, 2014
Federal District: 
N.D. Ind., Ft. Wayne Div.
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-insured’s lawsuit alleging that defendant-insurance company’s use of in-house attorneys to represent plaintiff against third-party claims violated Indiana law, since defendant owed plaintiff duty to explain in its policy that such in-house counsel may be used. No such duty existed, where language of policy indicated that defendant would provide defense by “counsel of our choice,” and plaintiff failed to allege that Indiana Dept. of Insurance required that defendant provide more explicit notice regarding identity of counsel.