Insurance

Insurers: We're off the hook, Duke Energy knew coal ash risk

June 14, 2017
 Associated Press
Dozens of insurance companies say they're not obligated to help pay for Duke Energy Corp.'s multi-billion dollar coal ash cleanup because the nation's largest electric company long knew about but did nothing to reduce the threat of potentially toxic pollutants.
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Your Twitter outrage may require libel insurance

June 8, 2017
 Bloomberg News
Given how much of our lives is spent venting on social media, especially in the age of Trump, the more vociferous might want to consider libel insurance.
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Anthem asks Supreme Court to review blocked Cigna deal

May 5, 2017
 Associated Press
Health insurer Anthem is not ready to give up its $48-billlion bid for rival Cigna and now hopes to find a favorable audience in the U.S. Supreme Court.
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Appeals court upholds decision to block Anthem bid for Cigna

April 28, 2017
 Associated Press
A federal appeals court on Friday left in place a decision blocking Indianapolis-based Anthem Inc.’s bid to buy rival health insurer Cigna Corp, saying that a bigger company is not better for consumers.
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Insurers deny claims based on questionable cell tower data

March 29, 2017
 Associated Press
It took Jaclyn Bentley nearly three years to prove she didn't burn her house down for the insurance money, allegations she and her lawyer say were born of the junk practice of analyzing cellphone tower data.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Jury awards $6.1M to brothers injured in Marion crash

March 24, 2017
A judge this week certified what’s believed the largest-ever Grant County jury trial award of damages in a case stemming from a fatal car crash that happened almost eight years ago.
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Insurance company wasn’t required to cover late claim

March 16, 2017
Olivia Covington
An insurance company was not required to defend an Indiana doctor in a medical malpractice case because the applicable insurance policy had expired before the insurer received notice of the claim.
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COA affirms summary judgment to GEICO in parking lot altercation

March 10, 2017
Olivia Covington
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
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7th Circuit affirms denial of insurance coverage to Carmel communications group

March 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has ruled in favor of insurers who denied coverage to a Carmel-based communications company, finding that the communications group’s claims were properly denied and that it cannot split its claims against the insurers through two separate lawsuits.
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Reuhs: Insurance coverage for the internet of things

February 22, 2017
The “internet of things” appears to represent the next wave of new liabilities: cars being remotely controlled by hackers or medical devices being used as access points for theft of medical records.
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WKW: Automobile insurance coverage without entering your car

February 22, 2017
One of the lesser known benefits of uninsured and underinsured motorist coverage is that it does not require insureds to be inside an automobile. This is because most policies frame the coverage as applying when the insured is legally entitled to recover from an uninsured or underinsured motorist because of an accident, but they do not specify where the insured has to be when the accident occurs.
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7th Circuit allows Indy airport to proceed with insurance claim

February 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals is allowing the Indianapolis Airport Authority to move forward with part of an insurance claim stemming from a construction incident at the Midfield Terminal that delayed its opening in 2008.
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7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits

January 4, 2017
Dave Stafford
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
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Regulators, insurers fight release of shadow insurance files

December 19, 2016
 Associated Press
The insurance industry and its regulators are asking a judge to allow documents detailing "shadow insurance" subsidiaries created by life insurers to remain secret.
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Defendant in Indianapolis house blast to be sentenced

December 19, 2016
 Associated Press
A woman who was one of five people charged in a deadly Indianapolis house explosion is set for sentencing.
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Justices uphold Katrina fraud verdict against State Farm

December 6, 2016
 Associated Press
A unanimous U.S. Supreme Court on Tuesday upheld a jury verdict that State Farm Fire and Casualty Co. committed fraud against the federal government after 2005's Hurricane Katrina.
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DTCI: Motor carrier financial responsibility and the MCS-90 endorsement

October 19, 2016
From DTCI
Perhaps the most frequently litigated issue concerning the MCS-90 endorsement is its effect on coverage priority among multiple insurance policies.
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Anthem and Cigna don’t get along, but they’ll never tell

September 26, 2016
 Bloomberg News
In federal court papers filed Thursday, Anthem Inc. said that Department of Justice prosecutors seeking to block the deal shouldn’t have access to letters between Anthem and Cigna Corp.’s lawyers where they disagree about aspects of the $48 billion takeover by Anthem.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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Insurance fight prolongs Hartford City junk yard's pollution

September 13, 2016
 Associated Press
Five years of court battles haven't resolved the blame game between a western Indiana junk yard and one of the nation's largest insurance companies over water pollution.
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Bad-faith deal after bar assault clears insurer

September 8, 2016
Dave Stafford
Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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Justices rule State Farm UIM policy ambiguous

July 26, 2016
Dave Stafford
A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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