Insurance

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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Company’s recordings not considered ‘publication’

September 29, 2015
Jennifer Nelson
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
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Court: Policy required notice to title insurance company

September 28, 2015
Jennifer Nelson
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
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Successor owner must pay more to unemployment insurance

September 21, 2015
Marilyn Odendahl
A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.
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Reversal: Insurer’s acceptance of payment reinstated policy

August 4, 2015
Dave Stafford
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
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Denial of disability benefits remanded for better explanation

August 3, 2015
 Associated Press
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
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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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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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