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Published by the Indiana Office of Court Services

Storie v. Randy's Auto Sales, No. 94S00-0912-CQ-559, ___ N.E.2d ___ (Ind., May 13, 2010)

May 14, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme

DICKSON, J.
Pursuant to Indiana Appellate Rule 64, the United States Court of Appeals for the Seventh Circuit has certified, and we have accepted, the following question concerning the application of Indiana law: “whether an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Ind. Code § 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title.” Storie v. Randy’s Auto Sales, LLC, 589 F.3d 873, 881 (7th Cir. 2009). As explained below, we answer in the affirmative.
. . . .
While acknowledging that Indiana Code § 9-22-3-11 is not free from ambiguity, we find persuasive the legislature’s use of “acquiring” rather than “owning,” the thirty-one day grace period within which to apply for a certificate of salvage title after receiving the original certificate of title, and the harmful consequences that could result if “acquiring” were construed to mean “owning.” As a result, we answer the certified question in the affirmative. That is, an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Indiana Code § 9-22-3-11(e), even if it no longer continues to own the vehicle when it receives the certificate of title. The relinquishment of ownership of the salvage vehicle does not extinguish the obligation to apply for a salvage title.
Shepard, C.J., and Sullivan, Boehm, and Rucker, JJ., concur.

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