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Court to take landlord-tenant insurance query

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The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.

An order dated Monday was posted online today in Auto-Owners Insurance Company a/s/o David M. Brown v. Carolyn Young, d/b/a Peddlers Corner Cafe, No. 94S00-0909-CQ-417. The case comes from the Southern District of Indiana's New Albany division, where U.S. District Judge Sarah Evans Barker asked the state justices to weigh in on the issue according to Indiana Appellate Rule 64.

Filed in September 2008, the case involves an Orange County woman who leased property for a cafe from plaintiff David M. Brown, who was insured by the Michigan-based company Auto-Owners. The two are siblings and didn't have a formal written lease agreement, though they discussed generally the terms of the agreement. She said Brown told her he had building insurance and that she'd only need coverage for her personal property and assets, and that's what she obtained, according to the complaint.

A September 2006 fire damaged the property and Brown received nearly $84,000 from his insurance carrier, but just before the two-year-statute of limitations ran out Auto-Owners filed a complaint that alleged the fire and damage was a result of Young's negligence and that it should be able to recover the payments to Brown.

In a motion to dismiss, Young contended that Auto-Owners has no subrogation rights against her because her interests were insured under Brown's insurance policy. Judge Barker analyzed the issue and relied on Sutton v. Jondahl, 532 P. 2d 478 (C.App.Okla. 1975), which said that a tenant should be deemed a co-insured under a landlord's fire policy if there isn't a written agreement. But since that precedent isn't controlling here and this is an issue of first impression for Indiana law, Judge Barker asked the Indiana Supreme Court to consider the question.

With that, Young's federal motion to dismiss has been administratively closed pending a resolution by the Indiana Supreme Court. The state court wants simultaneous briefing in the case, and the main and response briefs are all due by Dec. 2. Any oral arguments will be scheduled at a later time, the court's order says.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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