Indiana Restorative Dentistry v. The Laven Insurance Agency, et al. - 11/6/13

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Wednesday  November 6, 2013 
10:00 AM  EST

10 a.m. 49A05-1212-PL-627. Indiana Supreme Court courtroom. Appellant-Plaintiff, Indiana Restorative Dentistry, P.C., appeals the trial court’s denial of its motion to correct error following the trial court’s summary judgment in favor of Appellee-Defendant, ProAssurance Indemnity Co., Inc. f/k/a The Medical Assurance Co., Inc.

On October 25, 2009, a fire destroyed the Carmel offices of Indiana Restorative Dentistry, Inc.  The office contents were covered under an insurance policy issued by ProAssurance, and obtained through Appellee-Defendant, The Laven Insurance Agency, Inc.  The Indiana Restorative Dentistry, P.C.. brought this claim to recover uninsured losses resulting from the fire.  Granting summary judgment for ProAssurance, the trial court found that (1) Laven was not under a special duty to advise Indiana Restorative Dentistry about its insurance coverage despite their long-term relationship; (2) there is no factual basis that would support a finding that Laven was under a contractual duty to provide insurance fully covering Indiana Restorative Dentistry’s loss; and (3) ProAssurance cannot he held vicariously liable for Laven’s actions.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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