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Justices take legal-malpractice insurance case

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The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.

On Nov. 10, the justices took Michael Ashby, et al. v. C. Bruce Davidson Jr., No. 49S04-1011-CV-635. The Bar Plan intervened in complaints filed by clients of the attorney for legal malpractice, claiming because C. Bruce Davidson Jr. didn’t notify the insurer of the claims that he didn’t help with in the investigation. Bar Plan also claimed that because there can be no recovery in the underlying suit, the insurer should be granted summary judgment.

The insurer issued a policy to Davidson, who while that plan was in effect abandoned his law practice and robbed numerous banks in multiple states. He is now disbarred and in prison.

The Indiana Court of Appeals reversed the trial court’s grant of summary judgment and ruled Paint Shuttle Inc. v. Continental Casualty Co., 733 N.E.2d 513 (Ind. Ct. App. 2000), didn’t support the insurer’s arguments, and that the actual notice Bar Plan received from the clients was proper. The appellate court remanded for further proceedings.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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