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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.