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ATTORNEY FOR APPELLANTS Edmond W. Foley South Bend, Indiana

ATTORNEYS FOR APPELLEE Michael P. Blaize Crown Point, Indiana Karl L. Mulvaney Nana Quay-Smith Indianapolis, Indiana ATTORNEYS FOR AMICI CURIAE INSURANCE INSTITUTE OF INDIANA, INC. AND NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES John C. Trimble Richard K. Shoultz Indianapolis, Indiana

______________________________________________________________________________

In the

FILED
of the supreme court, court of appeals and tax court

Indiana Supreme Court
_________________________________ No. 71S03-0810-CV-558 MAGGIE BUSH AND LEONARD BUSH,

May 13 2009, 2:33 pm

CLERK

Appellants (Plaintiffs below), v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee (Defendant below). _________________________________ Appeal from the St. Joseph Circuit Court, No. 71C01-0605-CT-00071 The Honorable Michael G. Gotsch, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 71A03-0706-CV-286 _________________________________ May 13, 2009 Boehm, Justice. We hold that an uninsured motorist policy restricting coverage to bodily injury or death sustained by an insured does not violate Indiana's uninsured motorist statute.

Facts and Procedural History On March 10, 2004, fifty-six-year-old Leonard Bush, Jr. ("Leonard") was killed as a passenger in a single-vehicle accident. The accident was caused by the negligence of the driver, who was uninsured. Leonard also had no insurance covering the accident or the vehicle. Leonard's parents, Leonard Bush, Sr. and Maggie Bush ("the Bushes"), were not involved in the accident. The Bushes were insured under an automobile policy issued by State Farm Mutual Automobile Insurance Company that provided uninsured motorist coverage. The policy provided: We will pay damages for bodily injury and property damage an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be sustained by an insured. The bodily injury or property damage must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle. State Farm defined "insured" for purposes of its uninsured motorist coverage to include the Bushes and their "relatives," defined as persons related by blood, marriage, or adoption who "reside primarily" with them. Leonard did not reside with his parents at the time of the accident and therefore was not an "insured" under the Bushes' policy. The Bushes sued State Farm, claiming that they sustained damages arising out of the conduct of an uninsured motorist, and State Farm's failure to provide uninsured motorist benefits was a breach of the insurance contract. The complaint did not set out whether the claim was asserted under the Adult Wrongful Death Statute, Ind. Code

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