insurance
Judges tell trial court to declare commissioner’s order void
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition
for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the
Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory
hearing.
MoreSCOTUS declines review of injunction against Medicaid cap on dental work
April 22, 2013
IL StaffThe Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid
recipients at $1,000 per year.
MoreHouse passes JTAC, court late payment bills
April 19, 2013
IL StaffThe Indiana House of Representatives passed on concurrence several bills Wednesday, including legislation dealing with judicial
technology and automation.
MoreJudges affirm AUL Insurance owed no fiduciary duty to 401(k) plan
April 16, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that
the insurance company's revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security
Act of 1974.
MoreWorkers’ comp, JTAC bills pass full Senate
April 11, 2013
Jennifer NelsonLegislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday
and goes back to the House with some changes.
MoreContractor wins on appeal of $14.5M damages award for defamation
April 11, 2013
Jennifer NelsonState Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation
claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
MoreState Farm must pay contractor $14.5M for defamation
April 11, 2013
IL StaffThe Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding
the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards
in U.S. history, according to the court.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
MoreHearings set for trio charged in southside Indy explosion
April 8, 2013
IL StaffThree people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development
will go before a judge in Marion Superior Court on Wednesday.
More7th Circuit: no liability insurance coverage for associate’s error
April 2, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional
liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm
didn’t timely notify its insurer of a potential malpractice claim.
MoreDurham, other guarantors must post collateral on bond
March 19, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral
on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
MoreJudges affirm reduction of subrogation lien
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one
couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to
pay the full amount of the couple’s claim following a car accident.
MoreIndy archdiocese can’t collect sex-abuse legal fees from insurer
March 11, 2013
Dave StaffordAn insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated
with defending claims of sexual abuse.
MoreMajority sides with hotel in lawsuit stemming from molestation
March 6, 2013
Jennifer NelsonA divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s
insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
MoreJustices rule in favor of insurer in dispute over canceled policy
March 5, 2013
Jennifer NelsonThe Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the
insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
More7th Circuit rejects hospital's claims for $20M more in federal aid
February 20, 2013
Jennifer NelsonColumbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional
$20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already
received, the 7th Circuit concluded Wednesday.
MoreInsurance policy’s one-year limitation period voided
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation
on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies
based on Indiana statute.
MoreCVS to pay $400k to state over illegal billings to Medicaid
February 13, 2013
IL StaffIndiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that
its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
MoreDWD, prosecutor team up to target unemployment insurance fraud
February 5, 2013
IL StaffIndiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced
a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance
claims.
MoreCertain religious organizations may not have to provide contraceptives
February 4, 2013
Jennifer NelsonReligious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if
they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department
of Health and Human Services are implemented.
More7th Circuit grants injunction in company’s suit against providing employees contraceptives
January 31, 2013
Jennifer NelsonFinding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate
that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted
an injunction Wednesday.
More7th Circuit orders SSA take another look at woman’s case
January 18, 2013
Jennifer NelsonFinding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits
made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social
Security Administration for more proceedings.
MoreLooking forward: DTCI and the insurance industry
January 16, 2013
From DTCIWhen I look to the future, I see storm clouds gathering on the horizon because one of the industries our defense counsel represents
has chosen a course that will ultimately cause damage to itself in the future.
MoreSettlement without insurer’s consent is at builder’s expense
January 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that
their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding
a settlement, the insurer has no obligation to pay for the cleanup.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...