ILNews

High court clarifies evidence designation

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court upheld a trial court's grant of summary judgment in favor of a defendant and also clarified the designation of evidence in regards to Indiana Trial Rule 56(C).

In Idan (John) Filip and Valaria Filip v. Carrie Block and 1st Choice Insurance Agency, No. 75S05-0704-CV-149, the Filips filed a suit against Block and 1st Choice, alleging negligence in the selection of insurance on an apartment building they purchased in 1999.

Block was the insurance agent of the previous owner, and when the Filips purchased the building they worked with Block and told her they wanted the same coverage as the previous owner. The Filips lived in the building and rented out the other five units. During the following four years, the Filips made several changes to their policy. In April 2003, a fire substantially damaged the building, and because of insurance limitations, a major part of the loss was uninsured - the Filips discovered their non-business personal belongings were not covered in the fire.

Block and 1st Choice filed for summary judgment Aug. 1, 2005. The Filips had 30 days to respond and did not file their response until the end of September. The trial court struck the Filips' untimely designation of evidence and limited the Filips' evidence in opposition to the lines and paragraphs specified in Block's memorandum. The trial court granted summary judgment in favor of Block and 1st Choice because the two-year statute of limitations for negligence started on the date of the initial insurance coverage in 1999.

The Court of Appeals held the Filips could rely on the pages identified in the defendant's motion and were not limited to lines and paragraphs specified in the memorandum. Also, the Court of Appeals held the statute of limitations did not bar the Filips' complaint because the statutory period for negligence against an insurance agent starts to run when the claim is denied.

In the Supreme Court decision, Justice Theodore Boehm held the designation of evidence in support or opposition to a motion for summary judgment pursuant to Indiana Trial Rule 56(C) may be accomplished in several places, but must be done so consistently. The entire designation of evidence must be in a single place, whether as a separate document or appendix, or as a part of a motion or other filing. And, a party may rely on designations by an opposing party, even if inconsistently designated in different places. Block tried to allow only specific lines and paragraphs to be used by the Filips; however, the Filips can rely on the entire designated pages identified in the defendants' motion in opposing summary judgment, Justice Boehm wrote.

In regards to when the accrual date for a negligence action against an insurance agent begins, the Supreme Court agreed with the trial court. The trial court determined the statute of limitations began to run at the time of coverage. The Filips argued their negligence claim began when the fire occurred. Justice Boehm wrote in this case, all of the alleged problems the Filips claim their policy lacked could have been ascertained by reading the policy at any point before the fire. With the exception of their nonbusiness personal property, the limitations in this case began with the activation of the policy.

The Filips and Block both erroneously believed the Filips policy covered the Filips' nonbusiness personal property, and the Filips claim they relied on Block's statements they were covered.

"In sum, for the purposes of the summary judgment, there is evidence that Block breached the duty of care because she incorrectly believed nonbusiness personal property was covered. There are no damages from this breach, however," wrote Justice Boehm.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT