Edward M. O’Brien (Partner-Louisville, KY/Indianapolis, IN) and Cyrus G. Dutton IV (Associate-Louisville, KY) represented an insurer in a case in which plaintiff was involved in a motor vehicle accident and asserted a claim against an automobile liability insurer, our client, for "unfair claims violations and bad faith” – a third-party bad faith claim. Specifically, the plaintiff alleged that our client "failed and refused to comply with Indiana's Unfair Claims Settlement Practices Act". Edward and Cyrus moved to dismiss for failure to state a claim for which relief can be granted as Indiana law does not recognize or permit third-party bad faith actions against insurance carriers. Cyrus argued the motion before Clark County Superior Court, and the motion was granted.