Insurance

Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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Justices agree to rewrite footnote conflicting with opinion

March 26, 2015
Dave Stafford
The Indiana Supreme Court agreed to rewrite a footnote that was at least confusing if not in conflict with its opinion in a case reviewing an action of the Department of Insurance.
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Protecting Your Practice: Importance of informing your malpractice insurer early

March 25, 2015
Dina Cox
Lawyers are humans, too. We make mistakes. Because mistakes happen, we protect ourselves from potential claims and suits by investing in malpractice insurance. But unless you read your policy closely and comply with its provisions, you run the risk of being denied coverage and having to pay the entire cost of an expensive mistake. Here are some tips to help you avoid finding yourself in that predicament.
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Simon wins $150M after long legal battle with 16 insurers

March 24, 2015
IBJ Staff
Simon Property Group has been awarded a major victory in a nearly five-year legal battle against 16 insurers following a flood that severely damaged one of Simon's shopping malls in May 2010.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Justices remand dental office fire insurance dispute

March 12, 2015
Dave Stafford
The Indiana Supreme Court on Thursday reset the issues before a trial court in a dispute arising from a shortage in contents insurance after a fire at a dental office.
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COA affirms policy provides property damage coverage for abandoned sand

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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Man fails to prove Supreme Court would rule against established caselaw

February 11, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
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Justices vacate transfer in insurance dispute

February 11, 2015
IL Staff
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
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Restaurant not entitled to return of insurance proceeds seized

January 29, 2015
Jennifer Nelson
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
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Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015
Jennifer Nelson
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
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Insurer had duty to defend lawsuit against Menard and loss prevention company

January 22, 2015
Jennifer Nelson
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
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COA reverses in part judgment for agents on man’s insurance claim lawsuit

January 14, 2015
Jennifer Nelson
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
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ALJ’s numerous errors require denial of benefits reversed

January 8, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
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7th Circuit dismisses case because dispute arose after lawsuit was filed

January 5, 2015
Marilyn Odendahl
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
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Insurer owes no duty in dispute between sibling ex-law partners

December 30, 2014
Dave Stafford
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
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Owner can seek separate claim for property damage coverage

December 29, 2014
Marilyn Odendahl
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
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Federal bill gives equal treatment to IOLTA funds held at credit unions

December 12, 2014
Marilyn Odendahl
After months in limbo, a bill passed by the U.S. Senate Thursday will extend insurance coverage for IOLTA accounts.
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Appeals court affirms partial judgment in insurance dispute

December 12, 2014
Dave Stafford
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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Agency record required for judicial review of agency action

November 13, 2014
Jennifer Nelson
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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