Davis v. Shelter Ins. Companies, No. 02A05-1105-CT-256, ___ N.E.2d ___ (Ind. Ct. App., Nov. 21, 2011).
Adopts the following test to determine the availability of equitable estoppel as an affirmative defense against statute of limitations in insurance actions: “The first part of the test, drawing on the national case law, is to determine whether the insurer has engaged in any of the following: (1) a promise to settle; (2) discouraging the claimant from filing suit; (3) discouraging the claimant from obtaining counsel; or (4) otherwise egregious conduct. If one of those behaviors is present, then the court will engage in the second part of the test by looking at the totality of the circumstances surrounding the insurer’s actions. Equitable estoppel will be available to the claimant when the circumstances surrounding the insurer’s conduct have induced the claimant to delay timely action…and the claimant’s reliance on the insurer’s statements or actions was reasonable…” (Internal citations omitted.)