William Loomis v. ACE American Insurance Company

Summary

The court answered both certified questions in the negative. It held that an automobile liability policy operating above a retained limit is not clearly excluded from Indiana’s mandatory uninsured/underinsured motorist coverage requirements because the statutory phrase “commercial excess liability policy” is ambiguous. It also held that the phrase “limits of liability” is ambiguous and does not permit a retained limit to operate as a condition precedent to the insurer’s obligation to provide UIM coverage.