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Court affirms judgment in favor of insurer over fire damages

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An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.

In Daryl Schweitzer and Lynn Schweitzer v. American Family Mutual Insurance Company and Jennifer Gholson Insurance Agency, 45A03-1307-CT-248, the Indiana Court of Appeals Tuesday affirmed summary judgment for defendants who provided total payments of $326,040 after a fire in December 2009.

The Schweitzers argued their losses substantially exceeded the policy limit, that American Family had acted in bad faith, and that they should have been beneficiaries of a practice requiring agents to write policies for full replacement value.

But Jennifer Gholson, the independent agent, argued she made no representation that the policy provided full replacement value and that under Myers v. Yoder, 921 N.E.2d 880 (Ind. Ct. App. 2010), the court rejected the notion that a general duty of care requires insurance agents to perform a replacement-cost estimate before issuing policies.

In this case, the court found a special relationship did not exist between Gholson and the Schweitzers and that the policy had been taken out less than a year before the fire.

"Based upon the designated evidence," Judge Elaine Brown wrote for the panel, "we find the Schweitzers are not entitled to additional payments under their homeowners insurance policy and that the trial court did not err in granting summary judgment.”
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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