In Safe Auto Ins. Co. v. American Family Mutual Ins. Co. , 2008 WL 2779961 (Ind.App.) , the plaintiff motorist filed suit against the defendant motorist, as well as against his own uninsured/underinsured motorist insurer, for the defendant's alleged negligence in causing a motor vehicle accident in which the plaintiff suffered a fractured hip. The plaintiff's insurer filed a third-party complaint against the insurer of the owner of the vehicle the defendant motorist was driving at the time of the accident. The plaintiff's insurer sought a declaratory judgment that the vehicle owner's insurer had to defend and indemnify the defendant motorist. The insurers filed cross-motions for summary judgment and the trial court granted summary judgment to the plaintiff motorist's insurer. The vehicle owner's insurer appealed.