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Justices take legal-malpractice insurance case

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The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.

On Nov. 10, the justices took Michael Ashby, et al. v. C. Bruce Davidson Jr., No. 49S04-1011-CV-635. The Bar Plan intervened in complaints filed by clients of the attorney for legal malpractice, claiming because C. Bruce Davidson Jr. didn’t notify the insurer of the claims that he didn’t help with in the investigation. Bar Plan also claimed that because there can be no recovery in the underlying suit, the insurer should be granted summary judgment.

The insurer issued a policy to Davidson, who while that plan was in effect abandoned his law practice and robbed numerous banks in multiple states. He is now disbarred and in prison.

The Indiana Court of Appeals reversed the trial court’s grant of summary judgment and ruled Paint Shuttle Inc. v. Continental Casualty Co., 733 N.E.2d 513 (Ind. Ct. App. 2000), didn’t support the insurer’s arguments, and that the actual notice Bar Plan received from the clients was proper. The appellate court remanded for further proceedings.

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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