insurance

COA rules in favor of remodeler on unhappy client’s claim

November 27, 2012
Jennifer Nelson
Finding 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.
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COA finds trust that bought foreclosed home gained insurance equity

November 16, 2012
Dave Stafford
An 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.
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Appeals court rules wrong state law applied in truck crash, but result is same

November 15, 2012
Dave Stafford
A 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.
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Judges affirm decision in familial dispute over insurance funds

October 30, 2012
Jennifer Nelson
When 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.
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Court affirms judgments in pollution case, remands for determination of credit due

October 23, 2012
IL Staff
The 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.
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DTCI: Rescission of insurance policies

October 10, 2012
How do insurers effectively rescind insurance policies?
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COA will not reweigh California environmental cleanup decisions

October 9, 2012
Dave Stafford
The 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.
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Businesses alleging financial loss against insurer lose before 7th Circuit

September 20, 2012
Jennifer Nelson
The 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.
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Underinsurance benefit payout doesn’t satisfy judgment

September 20, 2012
Jennifer Nelson
The 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.
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Title insurer had duty to defend

September 6, 2012
Jennifer Nelson
The 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.
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Mining company an insured under contractor’s policy

August 30, 2012
Jennifer Nelson
The 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.
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Denial of summary judgment upheld over questions of car ownership

August 29, 2012
Jennifer Nelson
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
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Court of Appeals finds insurer’s intent is not clear in policy language

August 28, 2012
Marilyn Odendahl
Finding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s entry of summary judgment for an insurance company.
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Judges uphold insurers’ share of settlement liability

August 17, 2012
Jennifer Nelson
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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Zoeller: Indiana to get $6.3 million in drug-maker settlement

July 3, 2012
Dave Stafford
Indiana will receive more than $6.3 million as part of a national Medicaid fraud settlement with drug-maker GlaxoSmithKline, Attorney General Greg Zoeller said in a statement Monday.
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U.S. justices rule on challenges to health care law

June 28, 2012
IL Staff
The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.
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CNO shareholder loses appeal

June 22, 2012
Jennifer Nelson
A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.
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Justices reverse Tax Court in UPS case

June 21, 2012
Jennifer Nelson
The Indiana Supreme Court found that two reinsurance companies of the United Parcel Service are foreign companies that don’t do business within Indiana, so they aren’t exempt from Indiana adjusted gross income tax.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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Insurer failed to prove driver violated policy clause

April 24, 2012
Jenny Montgomery
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
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Question about residency leads to reversal in insurance case

April 23, 2012
IL Staff
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
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Court rules on estate's claim against insurer

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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