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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

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