Michael Cline v. Everest National Insurance Company

── Michael Cline v. Everest National Insurance Company ── Court: Indiana Court of Appeals Date: May 28, 2026 Author: Pyle III Category: General IN THE Court of Appeals of Indiana FILED Michael Cline and Jacob Sofronko, May 28 2026, 8:52 am Appellants-Plaintiffs CLERK Indiana Supreme Court Court of Appeals and Tax Court v. Everest National Insurance Company, Appellee-Defendant May 28, 2026 Court of Appeals Case No. 25A-CT-1976 Appeal from the Jay Superior Court The Honorable Gail M. Dues, Judge Trial Court Cause No. 38D01-2407-CT-11 Opinion by Judge Kenworthy Judges Bradford and Pyle concur. Court of Appeals of Indiana | Opinion 25A-CT-1976 | May 28, 2026 Page 1 of 13  Kenworthy, Judge. Case Summary [1] During the scope of their employment, Michael Cline and Jacob Sofronko (collectively, “Plaintiffs”) were seriously injured in an automobile accident with an at-fault, underinsured motorist. Plaintiffs’ employer had a commercial automobile policy with Everest National Insurance Company (“Everest”) that provided $1,000,000 in underinsured motorist (“UIM”) coverage. After the tortfeasor’s insurer paid its bodily injury liability limit of $300,000, Plaintiffs filed complaints seeking UIM coverage from Everest and declaratory judgment that they were entitled to $1,000,000 in UIM coverage. Everest moved for summary judgment, arguing it was entitled to a setoff of $300,000 and the maximum UIM coverage available to Plaintiffs was $700,000. The trial court granted judgment in Everest’s favor. [2] Cline now appeals, arguing the trial court erred in determining the amount of UIM coverage available to Plaintiffs. We affirm. Facts and Procedural History [3] On May 19, 2023, Cline and Sofronko were employees of Ohio Valley Gas Corporation. Sofronko was driving and Cline was a passenger in a company- owned dump truck when it collided with a commercial cargo van at the intersection of State Road 26 and County Road 200 West in Jay County. Plaintiffs were ejected from the truck and suffered serious personal injuries. The van’s driver, Roberto Rosa Pagan, died. Court of Appeals of Indiana | Opinion 25A-CT-1976 | May 28, 2026 Page 2 of 13 [4] Pagan was at fault for the accident, as he had failed to stop at the intersection’s stop sign and yield to the truck. Pagan was insured by a Shelter General Insurance Company (“Shelter”) policy with a bodily injury liability coverage limit of $300,000. Cline and Sofronko each received $150,000 from the $300,000—sums insufficient to cover their losses. [5] At the time, Plaintiffs were insured by their employer’s commercial automobile insurance policy with Everest. The Everest policy includes a UIM coverage endorsement with a $1,000,000 per accident limit. (It has no separate per person limit.) The endorsement provides: “The Limit of Insurance under this coverage shall be reduced by all sums paid or payable by or for anyone who is legally responsible[.]” Appellant’s App. Vol. 2 at 124. [6] In July 2024, Cline filed a two-count complaint against Everest seeking declaratory