insurance

State Farm gets US high court hearing in Katrina billing case

June 1, 2016
 Bloomberg News
The case tests the U.S. False Claims Act, the law that lets whistle-blowers sue on behalf of the federal government and then collect a share of any funds recovered.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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Supreme Court grants transfer to insurance case

May 9, 2016
Scott Roberts
The Indiana Supreme Court accepted one case out of the 24 cases up for transfer last week, a case involving a lawsuit seeking underinsured motorist coverage.
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Painkiller distributors face trials

April 20, 2016
Marilyn Odendahl
Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.
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Telamon suffers new setback in $5M insurance lawsuit

April 14, 2016
Greg Andrews, IBJ Staff
A judge has dismissed the final count in a lawsuit that Carmel-based Telamon Corp. filed against its insurers in an effort to recoup more than $5 million in losses caused by a former employee’s thievery.
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COA: Venue convenience does not trump precedence

April 13, 2016
Scott Roberts
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
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Jury: Security firm not liable for $60M heist from Eli Lilly

April 5, 2016
 Associated Press
A security company isn't liable for the theft of more than $60 million worth of prescription drugs from pharmaceutical company Eli Lilly's warehouse in Connecticut six years ago, a federal jury in Florida says.
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COA: Man has to abide by settlement

March 30, 2016
Scott Roberts
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
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Pence signs med-mal cap increase on final day

March 25, 2016
 Associated Press, IL Staff
Medical malpractice victims will be eligible for more compensation after Gov. Mike Pence signed into law a bill increasing the payment cap for the first time since the 1990s. The cap would increase from the current $1.25 million limit to $1.65 million next year and then to $1.8 million in 2019.
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COA: Neither party entitled to summary judgment in ‘household’ definition dispute

February 16, 2016
Jennifer Nelson
The Indiana Court of Appeals held summary judgment is inappropriate for either party in a lawsuit seeking to declare a woman who was renting a home as a member of the household of the homeowners for insurance purposes.
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Rental car insurance policy excludes UIM coverage

January 21, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.
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Emmis sues insurer over $4M in legal fees

January 21, 2016
IBJ Staff
Emmis Communications Corp. has filed breach-of-contract suit against a New York-based insurance company for refusing to cover any of the more than $4 million in legal fees the media company accumulated in a long-running court battle with preferred shareholders.
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Driverless cars give lawyers bottomless list of defendants

December 22, 2015
 Bloomberg News
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
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Should you get insurance on your kid's drone?

December 16, 2015
 Bloomberg News
The next wave of hobby drones will be wrapped in boxes underneath Christmas trees before they fill the skies. If industry sales projections come true, the holiday season will put tens of thousands of relative novices at the controls of small unmanned aerial vehicles in densely populated cities and suburbs. All that amateurish swooping over houses and cars, spooking pets and dodging humans, will invariably lead to cracked windows and more than a few bloody injuries.
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Insurance agents denied summary judgment in lawsuit filed after fire

December 2, 2015
Jennifer Nelson
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
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HIP payments not negotiated; Stanley not applicable

November 19, 2015
Jennifer Nelson
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
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Heft not enough to justify insurer deals, top DOJ lawyer says

November 16, 2015
 Bloomberg News
Health companies saying they need to consolidate to preserve their heft when negotiating with service providers isn’t enough to justify mergers, a top U.S. antitrust enforcer said Friday in comments that could hint at the Justice Department’s thinking on two major health insurance deals.
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Prosecutors indict 36 in alleged insurance fraud scheme

November 11, 2015
 Associated Press
Federal prosecutors have indicted 36 people in an insurance fraud scheme alleging that they staged car crashes and filed false insurance claims.
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Woman failed to file lawsuit within 3-year period as required by contract

October 29, 2015
Jennifer Nelson
A woman was required under her insurance policy to file a lawsuit to recover underinsured motorist coverage within three years of the car accident, and because she did not, the Indiana Court of Appeals reversed summary judgment in her favor on the issue.
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Health law penalty on uninsured getting stiffer

October 19, 2015
 Associated Press
The math is harsh: The federal penalty for having no health insurance is set to jump to $695, and the Obama administration is being urged to highlight that cold fact to help drive its new pitch for health law sign-ups.
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COA reverses finding attorney entitled to malpractice coverage

October 15, 2015
Jennifer Nelson
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
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Insurer can’t halt depositions in fatal church bus crash

October 12, 2015
Dave Stafford
The estate of a man killed in an Indianapolis church bus crash may proceed with a countersuit against an insurance company the estate claims acted in bad faith by refusing payment after the fatal crash.
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Insurance policy v. public policy

October 7, 2015
Dave Stafford
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Congress passes bill easing small business health law rules

October 2, 2015
 Associated Press
Congress approved bipartisan legislation Thursday aimed at preventing premium increases that some smaller businesses were expecting next year under President Barack Obama's health care law.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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