Tressler attorneys Todd S. Schenk, William K. McVisk, and Carter R. Frambes recently secured a victory for an insurance carrier in the Indiana Supreme Court. The underlying case arose out of an automobile accident with multiple injured parties and potentially insufficient policy limits.

In response to an early time-limited policy limits demand by one injured party, the insurer filed an interpleader action and the settlement demand expired. The injured party settled with the insured, took an assignment of rights against the insurer, and sued the insurer for breach of the duty of good faith and fair dealing and bad faith failure to settle. In an issue of first impression, the Indiana Supreme Court held that, by filing the interpleader while continuing to defend its insured against all claims, the insurer was in a “safe harbor” and did not breach of the duty of good faith and fair dealing. The Court further found that, because there was no breach of the duty of good faith and fair dealing, there was no bad faith on the part of the insurer.

For a more detailed summary of this decision and a discussion of its implications, click here.

Congratulations, Todd, Bill, and Carter!

Todd S. Schenk is a partner and member of Tressler’s Executive Committee. Todd is highly experienced in providing insurance coverage counseling and litigation representation to insurance companies. He is particularly skilled in handling third party claims involving advertising injury and product liability, and first party claims under residential and commercial property policies. Many of his cases require the defense of common law and statutory bad faith claims, which Todd litigates in venues around the country. He has also handled appeals in both state and federal courts around the country.

William “Bill” McVisk is a partner in Tressler’s Litigation Practice Group. Bill focuses his practice on complex insurance coverage litigation, hospital law, and medical liability. He has handled all areas of coverage and bad faith litigation, especially third-party bad faith and coverage litigation involving commercial general liability, professional liability coverages as well as personal lines coverages such as auto and homeowners coverages.

Carter R. Frambes is an associate in Tressler’s Litigation Practice Group. Carter concentrates his practice in the areas of employment, tort, civil rights defense, and personal injury litigation. He also provides legal advice to corporate, insurance, local government, and not-for-profit clients. A natural problem solver, Carter works closely with his clients to determine a cost-effective solution with a practical focus on achieving a favorable outcome.