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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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