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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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