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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