IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF INDIANA

EVANSVILLE DIVISION

(Electronically Filed)

JOHNNA E. HENDRICKS, ) 

 )

Plaintiff )

)

v. ) CASE NO. 3:17-cv-109

)

CINCINNATI INSURANCE COMPANY, )

 )

Defendant. )

COMPLAINT FOR UNDERINSURED MOTORIST BENEFITS

 Plaintiff, Johnna E. Hendricks, by counsel, Chapman Law LLC and for their 

Complaint against Defendant, Cincinnati Insurance Company (“Cincinnati”), state as 

follows:

1. At all times herein, Plaintiff was a resident of the State of Kentucky. 

2. Defendant Cincinnati is an insurance company incorporated under the laws 

of Ohio, with its principal place of business located at 6200 S. Gilmore Road, Fairfield, OH 

45014-5141, and at all times herein doing business in the State of Indiana and Kentucky. 

3. On July 17, 2015, Plaintiff Johnna E. Hendricks was operating a 2007 Toyota 

Camry owned by her employer, TLD Logistics Services Inc., and insured by a certain 

policy of insurance issued by Defendant, Cincinnati, believed to be Policy Number 

CAA5217879 and CPP1080459. 

4. Plaintiff’s counsel sent a letter dated August 4, 2015 to Cincinnati’s assigned 

adjuster, Doug McWilliams, requesting “a copy of your insured’s declarations sheet to 

confirm applicable coverage limits, such as MPC/PIP, UM and UIM, as soon as possible.” 

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To date, Cincinnati has not provided the requested confirmation of UIM coverage in 

writing. 

5. The above-described policy of insurance contained underinsured motorist 

coverage. 

6. On July 17, 2015, Plaintiff Johnna E. Hendricks was involved in an 

automobile collision in Martin County, Indiana near the town of Loogootee. 

7. Following the collision, Plaintiff notified Defendant, Cincinnati, of the collision 

and the bodily injuries sustained by Plaintiff Johnna E. Hendricks as a result of the 

collision. 

8. Defendant, Cincinnati, made payments of $10,000.00 under the Personal 

Injury Protection (Kentucky) provision of Plaintiff’s employer’s insurance policy, and a 

payment of $ 5,000.00 under the Medical Payments Coverage (Indiana) coverage under 

the policy. 

9. As a result of the collision, Plaintiff asserted a tort claim against the at-fault 

driver, Keith A. Ruhe. 

10. The alleged tortfeasor, Keith A. Ruhe, possessed liability coverage through 

Trustguard Insurance Company, a wholly-owned subsidiary of Grange Mutual Casualty 

Company (“Grange Insurance”), with policy limits of $ 250,000.00 per person. 

11. On or about July 12, 2017, Grange Insurance tendered its limits of coverage 

to Plaintiff for the injuries she suffered as a result of the negligence of Grange Insurance’s 

insured driver, Keith A. Ruhe. 

12. Pursuant to Ind. Code § 27-7-5-6, Plaintiff provided notice of the tender of the 

Grange Insurance Limits to Defendant, Cincinnati, by letter of July 12, 2017 to enable 

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Defendant to preserve its subrogation rights for underinsured coverage. 

13. Defendant, Cincinnati, elected to waive its subrogation rights against the 

underinsured motorist, Keith A. Ruhe. 

14. On or about July 13, 2017, Defendant, Cincinnati, advised Plaintiff’s counsel 

of its intent to deny Plaintiff’s request for underinsured motorist coverage. 

15. Defendant’s denial of underinsured motorist coverage constitutes a breach 

of contract. 

16. As a direct and proximate result of Defendant’s breach of contract, Plaintiff 

has been damaged. 

17. Plaintiff sustained damages in excess of the policy limits paid by Grange 

Insurance, and are entitled to further damages from Cincinnati under the underinsured 

provision of its insurance policy. 

WHEREFORE, Plaintiff respectfully requests judgment of and from Defendant for 

an amount of the underinsured motorist benefits payable to the Plaintiff herein, and for all 

other relief the Court deems just and proper. 

PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY.

/s/ Neil Chapman 

Neil Chapman, #17902-71

Stephen Hensleigh Thomas, #6244277 

Noah Cartwright Thomas, #33746-82

CHAPMAN LAW LLC

420 Main Street, Suite 1202

Evansville, IN 47708

Telephone: 812.426.0600

neil@chapmanlaw.com

steve@chapmanlaw.com

noah@chapmanlaw.com

ATTORNEYS FOR PLAINTIFF

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