William Klepper vs. Ace American Insurance, Inc. - 9/24/13

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Tuesday  September 24, 2013 
2:00 PM  EST

2 p.m., 15A05-1212-CC-645. In 2005, William Klepper brought a class action lawsuit against Pernod Ricard, LLC, d/b/a Seagrams Lawrenceburg Distillery (“Pernod”) alleging that emissions from the distillery had discolored and degraded the exterior of nearby buildings.  ACE American Insurance Company (“ACE”) and XL Insurance Company (“XL”) insured Pernod.  In 2009, the Class, Pernod, and XL entered into a settlement agreement, which called for ACE to contribute $3,000,000 toward the $5,200,000 judgment and released Pernod and XL from liability.  ACE did not consent to the settlement, and Klepper, as Pernod’s assignee, sued ACE.  Eventually a special master was appointed to decide six coverage-related issues.  After the special master concluded that Pernod breached the insurance contract by entering into the agreed judgment without ACE’s consent, the trial court adopted the special master’s report and entered final judgment on the six issues decided by the special master.  Klepper now appeals, and ACE cross-appeals.
The Scheduled Panel Members are Judges Barnes, Crone, and, Pyle. Location: Indiana Court of Appeals Courtroom, State House, Room 413, Indianapolis, Indiana 46204
 

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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.

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