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 and clicking on the link under "Upcoming live webcasts" on the top right of the page.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.