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High court to hear insurance, dissolution cases

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The Indiana Supreme Court will hear arguments in three cases tomorrow, including two cases involving insurance coverage disputes.

At 9 a.m., the high court will hear arguments in Tri-Etch, Inc. v. Cincinnati Ins. Co., No. 49A02-0709-CV-827. At issue in this case were two orders from the trial court. One order granted partial summary judgment in favor of Tri-Etch and the appellants on a bad faith counterclaim brought by Cincinnati Insurance, and the other granted summary judgment in favor of Cincinnati and ruled that Tri-Etch's late notice to Cincinnati was unreasonably late as a matter of law and Cincinnati owed no coverage or indemnity to Tri-Etch.

The Court of Appeals reversed the grant of summary judgment because Cincinnati couldn't show it was prejudiced by late notice from Tri-Etch as a matter of law. The case was remanded for the trial court to determine when Cincinnati received notice of the claim to determine the reasonable amount of defense costs the company should pay.

The other insurance case, Allianz Insurance Co. v. Guidant Corp., No. 49A05-0704-CV-216, was described by the Court of Appeals as a "monstrosity of a litigation" based on the fact Illinois and Indiana courts were involved in similar disputes. The Court of Appeals reversed the trial court's decision in a case involving public-access laws, fraud, and an insurer's duty to defend. The appellate court reversed the trial court's entry of partial summary judgment in favor of the policyholders. The Court of Appeals ruled the policy's "batch clause" wasn't triggered so the policy's self-insured retention wasn't exhausted.

The Court of Appeals also found the trial court erred in allowing a protective order to seal the case because there wasn't any confidential information in the records, briefs, or issues.

Allianz had filed suit against Guidant in Illinois seeking damages and recission of the insurance policy for fraud; that same month Guidant filed suit in Indiana against Allianz alleging the insurers breached their duty to defend and Guidant was entitled to coverage for the losses from a defect in a medical device.

Arguments begin at 9:45 a.m.

The Supreme Court also will hear arguments in a marriage dissolution case. Here, the trial court judge entered a money judgment in favor of ex-husband Robert Rovai but made Ann Marie Rovai's payment of that money due upon the occurrence of several future events - when both the children become emancipated, Ann Marie voluntarily sells the marital home awarded to her, or she marries or lives with someone else in the home. The appellate court upheld the trial court decision. Arguments in Robert Rovai v. Ann Marie Rovai, No. 45A03-0712-CV-600, begin at 10:30 a.m.

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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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