ILNews

High court to hear insurance, dissolution cases

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT