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COA: insurer received actual notice from clients

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The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana Court of Appeals ruled today.

The Bar Plan Mutual Insurance Co. intervened in complaints filed by clients of C. Bruce Davidson Jr. for legal malpractice against the attorney. The Bar Plan issued a policy to Davidson effective from March 2003 to March 2004. In November of that year, Davidson abandoned his law practice without notice and went on a multi-state bank robbery crime spree. He was disbarred in 2004 and is now in federal prison.

Bar Plan argued in its motion for summary judgment that the fact Davidson didn’t notify the insurer of the claims or suits, that he failed to assist or cooperate in the investigation of the claims, and that coverage is moot because there could be no recovery in the underlying suits because recovery in such cases is precluded under the policy.

The trial court granted the motion, finding Paint Shuttle, Inc. v. Continental Casualty Co., 733 N.E.2d 513 (Ind. Ct. App. 2000), applied and was dispositive.

The Court of Appeals concluded in Michael Ashby, et al. v. C. Bruce Davidson, Jr., No. 49A04-0910-CV-569, that Paint Shuttle didn’t support the insurer’s arguments.

Bar Plan received actual written notice of the clients’ claims from the clients, not Davidson, so Bar Plan argued under the policy that it didn’t receive written notice within the policy period.

Under the policy, Davidson was supposed to provide written notice, but he was running from the law during the relevant time period, noted Judge James Kirsch, and also unable to receive demands from the clients within that period. Under the facts of the case, notice provided by Davidson was impossible. Also, the insurer did receive “timely” and “true” notice as those terms are set out in Paint Shuttle.

The purpose of the notice provision has more to do with the ability of Bar Plan to investigate and defend claims in a timely manner than with the ability of Bar Plan to deny coverage because actual notice was supplied by the wrong person, wrote Judge Kirsch. As a matter of law, the actual notice Bar Plan received from the clients was proper.

The case was remanded for further proceedings.  
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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