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COA to hear insurance, attorney fee cases

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A panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another panel in Indianapolis will hear arguments in a case involving the division of attorney fees.

Judges Elaine Brown, Melissa May, and Patricia Riley travel to the University of Southern Indiana for arguments regarding a dispute over the scope of coverage of comprehensive general liability insurance policies issued to a construction company in Sheehan Construction Co., et al., v. Continental Casualty Co., et al., No. 49A02-0805-CV-420. A class of plaintiffs alleged their homes sustained water damage because of faulty workmanship. Continental Casualty Co. provided insurance for general contractor Sheehan Construction and Indiana Insurance provided coverage for Somerville Construction, a subcontractor.

The insurers were awarded summary judgment on the grounds that damage naturally resulting from defective workmanship isn't an "accident" covered by the policies. The plaintiffs argued the insurance industry broadened the scope of its standard polices in 1986 to cover this type of damage. Arguments begin at 4 p.m. CDT in Carter Hall D, 8600 University Blvd., Evansville.

Judges Michael Barnes, Cale Bradford, and Edward Najam will hear arguments at 1:30 p.m. in the Indiana Supreme Court courtroom in Nunn Law Office v. Peter H. Rosenthal, No. 49A05-0809-CV-523. Nunn Law Office appeals the trial court's award of $1,462.88 in attorney's fees arising out of Nunn's and appellee attorney Peter Rosenthal's representation of a client in a personal injury action. Nunn claims the trial court erred by failing to issue written findings of fact and conclusions pursuant to Indiana Trial Rule 52 and in basing its award upon quantum meruit rather than on Nunn's contingency fee agreement with the client.

The argument will be webcast live and can be viewed by visiting http://www.in.gov/judiciary/appeals/ and clicking on the link under "Upcoming live webcasts" on the top right of the page.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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