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Court to take landlord-tenant insurance query

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The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.

An order dated Monday was posted online today in Auto-Owners Insurance Company a/s/o David M. Brown v. Carolyn Young, d/b/a Peddlers Corner Cafe, No. 94S00-0909-CQ-417. The case comes from the Southern District of Indiana's New Albany division, where U.S. District Judge Sarah Evans Barker asked the state justices to weigh in on the issue according to Indiana Appellate Rule 64.

Filed in September 2008, the case involves an Orange County woman who leased property for a cafe from plaintiff David M. Brown, who was insured by the Michigan-based company Auto-Owners. The two are siblings and didn't have a formal written lease agreement, though they discussed generally the terms of the agreement. She said Brown told her he had building insurance and that she'd only need coverage for her personal property and assets, and that's what she obtained, according to the complaint.

A September 2006 fire damaged the property and Brown received nearly $84,000 from his insurance carrier, but just before the two-year-statute of limitations ran out Auto-Owners filed a complaint that alleged the fire and damage was a result of Young's negligence and that it should be able to recover the payments to Brown.

In a motion to dismiss, Young contended that Auto-Owners has no subrogation rights against her because her interests were insured under Brown's insurance policy. Judge Barker analyzed the issue and relied on Sutton v. Jondahl, 532 P. 2d 478 (C.App.Okla. 1975), which said that a tenant should be deemed a co-insured under a landlord's fire policy if there isn't a written agreement. But since that precedent isn't controlling here and this is an issue of first impression for Indiana law, Judge Barker asked the Indiana Supreme Court to consider the question.

With that, Young's federal motion to dismiss has been administratively closed pending a resolution by the Indiana Supreme Court. The state court wants simultaneous briefing in the case, and the main and response briefs are all due by Dec. 2. Any oral arguments will be scheduled at a later time, the court's order says.

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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