insurance
Judges split on whether 2 insurers must pay for damage
March 15, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible
for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of
the responsible party’s insurers had to pay for the property damage.
MoreHigh court takes 4 cases
March 15, 2011
IL StaffThe Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert
exemptions in garnishment actions on behalf of pro se debtors.
MoreJudges affirm insurer has no duty to defend
March 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion
of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
MoreCOA adopts common-sense rule on providing insurance policies
March 1, 2011
Michael HoskinsThe Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in
requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
MoreHigh court takes 4 cases
February 28, 2011
IL StaffThe Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on
the day they granted transfer.
MoreCourt reverses class certification in hail-damage action
February 14, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied
homeowners following a 2006 hailstorm in central Indiana.
MoreFederal act preempts state law claims
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Judges reverse dismissal of application to adjust claim
January 14, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s
application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3.
The appellate court relied on a recent decision involving a similar scenario to make its ruling.
MoreCourt hits on 2 first impression issues about prejudgment interest
December 30, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured
motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that
money even when it exceeds insurance policy limits for those types of claims.
MoreJustices reaffirm uniform-contract interpreation approach
December 29, 2010
Michael HoskinsThe Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather
than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation
insurance coverage case.
MoreCircuit Court reverses insurance case
December 22, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy
covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court
also dealt with an issue surrounding umbrella policies for the first time.
MoreHigh court denies rehearing
December 20, 2010
Jennifer NelsonA split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general
liability policy.
MoreOpinion regarding insurance company considers definition of ‘ever’
November 24, 2010
Rebecca BerfangerAn Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever”
on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled,
or non-renewed.”
MoreAppellate court affirms judgment in coverage dispute
November 22, 2010
Jennifer NelsonIndiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed
insurance contract, the Indiana Court of Appeals held today.
MoreAppellate court finds garage insurance policy doesn’t cover injuries
November 18, 2010
Jennifer NelsonFor only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld
partial summary judgment in favor of the insurer.
MoreCourt divides over injury claim under insurance policy
October 29, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury”
under their uninsured motorist coverage.
MoreCOA reverses motion allowing for release of documents
October 26, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production
of documents from the appellant-defendant Allstate Insurance Company.
MoreHigh court divided on faulty workmanship coverage under CGL policy
October 1, 2010
Jennifer NelsonThe high court split on whether an “occurrence” under a commercial general liability policy covers an insured
contract for faulty workmanship of its subcontractor.
MoreCourt: team-building activity not under insured conditions
September 28, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s
accident while traveling to an activity outside of the trip’s purpose was not covered.
MoreWrongful death statute allows for attorney fees, other costs
September 17, 2010
Elizabeth BrockettCompensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals
panel today.
MoreCOA: Insurance funds aren't a money judgment
November 16, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies
isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
MoreInsurance presents first-impression issue
October 30, 2009
Jennifer NelsonThe Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a
former employer aren't a marital asset subject to a division.
MoreInsurer not allowed to substitute party name
October 29, 2009
Jennifer NelsonAn insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured
motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana
Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
MoreSupreme Court upholds denial of continuance
October 27, 2009
Jennifer NelsonThe majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying
a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice
argued because of the complexities of the case, the trial court should have granted the couple's motion.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...