insurance
7th 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.
MoreTexas Roadhouse fire suit among 4 justices take
January 8, 2013
Dave StaffordA lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will
proceed to the Indiana Supreme Court.
MoreAppeals court reinstates injured motorist’s claim against insurer
December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
More7th Circuit reinstates suit to recoup environmental cleanup costs
December 19, 2012
Jennifer NelsonFinding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated
site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
MoreJudges reinstate administrative order to refund excessive title insurance premiums
December 19, 2012
Jennifer NelsonAfter finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging
of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by
the Indiana commissioner of insurance to refund excessive premiums.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreHospital wins on uninsured patients’ appeal of rates charged
December 19, 2012
Jennifer NelsonThe Indiana Supreme Court ruled in favor of a hospital’s motion to dismiss a complaint brought by uninsured patients
regarding the rates charged by the hospital, finding the patients’ complaint failed to state facts on which the trial
court could have granted relief.
MoreSplit court upholds $3.9 million workplace injury judgment
December 14, 2012
Dave StaffordWhether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is
a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
MoreJustices issue 4 opinions tackling prejudgment interest
December 13, 2012
Jennifer NelsonIn four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme
Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover
benefits under the insured’s underinsured motorist policy.
MoreInsurer doesn’t have to cover cleanup of California sites
December 6, 2012
Jennifer NelsonRelying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing
sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
MoreCOA rejects insurer’s new arguments
November 30, 2012
Marilyn OdendahlAn insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the
company has a duty to indemnify or defend.
MoreCOA rules in favor of remodeler on unhappy client’s claim
November 27, 2012
Jennifer NelsonFinding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment,
the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently
performing work on her home.
MoreCOA finds trust that bought foreclosed home gained insurance equity
November 16, 2012
Dave StaffordAn estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled
to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
MoreAppeals court rules wrong state law applied in truck crash, but result is same
November 15, 2012
Dave StaffordA trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia,
but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
MoreJudges affirm decision in familial dispute over insurance funds
October 30, 2012
Jennifer NelsonWhen Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that
Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court
that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
MoreCourt affirms judgments in pollution case, remands for determination of credit due
October 23, 2012
IL StaffThe Indiana Court of Appeals found no errors in a trial court’s ruling in a dispute over insurance coverage to clean
up a pollution spill at a westside Indianapolis business, but it sent the case back to the trial court for a determination
of credit due an insurer.
MoreDTCI: Rescission of insurance policies
October 10, 2012
How do insurers effectively rescind insurance policies?
MoreCOA will not reweigh California environmental cleanup decisions
October 9, 2012
Dave StaffordThe Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had
no responsibility to cover environmental cleanup costs at former Thomson plants.
MoreBusinesses alleging financial loss against insurer lose before 7th Circuit
September 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to
adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering
financial losses.
MoreUnderinsurance benefit payout doesn’t satisfy judgment
September 20, 2012
Jennifer NelsonThe Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured
party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.
MoreTitle insurer had duty to defend
September 6, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank
on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
MoreMining company an insured under contractor’s policy
August 30, 2012
Jennifer NelsonThe mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance
policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!