insurance

Insurer off hook in Indy strip club shooting

July 31, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Rehearing finds defendant can raise additional defenses

July 30, 2015
Marilyn Odendahl
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
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Judge tired of discovery spats in airport insurance dispute

July 23, 2015
Dave Stafford
The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.
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Defense calls 1 witness in Indianapolis home explosion trial

July 10, 2015
 Associated Press
More than 160 witnesses testified for the prosecution in the month-long trial of a man accused of planning a home explosion that gutted an Indianapolis subdivision in 2012, killing two neighbors.
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Agents testify insurance was increased before home explosion

July 7, 2015
 Associated Press
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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Key Indianapolis home blast witness tells of failed tries

July 2, 2015
 Associated Press
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend's trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
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Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
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COA widens class-action suit against Lincoln National

June 2, 2015
Dave Stafford
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Justices adopt ‘any insurance’ approach in subrogation dispute

May 14, 2015
Jennifer Nelson
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the "any insurance" approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the "work versus non-work" approach that the Court of Appeals has used.
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Justices rule in favor of Anthem in excess insurance disputes

April 23, 2015
Jennifer Nelson
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
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Lawsuit claims IU Health, midwifery practice risked lives

April 17, 2015
 Associated Press
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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Justices agree to rewrite footnote conflicting with opinion

March 26, 2015
Dave Stafford
The Indiana Supreme Court agreed to rewrite a footnote that was at least confusing if not in conflict with its opinion in a case reviewing an action of the Department of Insurance.
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Protecting Your Practice: Importance of informing your malpractice insurer early

March 25, 2015
Dina Cox
Lawyers are humans, too. We make mistakes. Because mistakes happen, we protect ourselves from potential claims and suits by investing in malpractice insurance. But unless you read your policy closely and comply with its provisions, you run the risk of being denied coverage and having to pay the entire cost of an expensive mistake. Here are some tips to help you avoid finding yourself in that predicament.
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Simon wins $150M after long legal battle with 16 insurers

March 24, 2015
IBJ Staff
Simon Property Group has been awarded a major victory in a nearly five-year legal battle against 16 insurers following a flood that severely damaged one of Simon's shopping malls in May 2010.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Justices remand dental office fire insurance dispute

March 12, 2015
Dave Stafford
The Indiana Supreme Court on Thursday reset the issues before a trial court in a dispute arising from a shortage in contents insurance after a fire at a dental office.
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COA affirms policy provides property damage coverage for abandoned sand

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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