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Justices vacate transfer of insurance case

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By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.

In Allied Property and Casualty Insurance Co. v. Linda Good and Randall Good, 938 N.E.2d 227 (Ind. Ct. App. 2010), the Indiana Court of Appeals had to determine what “ever” meant on the Goods’ insurance application when it came to whether the homeowners’ insurance coverage was ever “declined, cancelled, or non-renewed.” One appellate judge felt the application field about past insurance cancellations was unclear as to whether “ever” included all insurance companies or just Allied.

Allied claimed Linda Good misrepresented her insurance cancellation history on its application. The Goods sued Allied for breach of contract after the insurer held off paying a claim on a fire that destroyed the Goods’ home.

The justices had granted transfer in June, but now the Court of Appeals’ decision that reversed the $1 million jury award of damages to Linda will stand. Justice Steven David voted to grant transfer to the case.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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