Insurance

Hearings set for trio charged in southside Indy explosion

April 8, 2013
IL Staff
Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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Durham, other guarantors must post collateral on bond

March 19, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
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Judges affirm reduction of subrogation lien

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
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Indy archdiocese can’t collect sex-abuse legal fees from insurer

March 11, 2013
Dave Stafford
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
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Majority sides with hotel in lawsuit stemming from molestation

March 6, 2013
Jennifer Nelson
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
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Justices rule in favor of insurer in dispute over canceled policy

March 5, 2013
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
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7th Circuit rejects hospital's claims for $20M more in federal aid

February 20, 2013
Jennifer Nelson
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
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Insurance policy’s one-year limitation period voided

February 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
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CVS to pay $400k to state over illegal billings to Medicaid

February 13, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
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DWD, prosecutor team up to target unemployment insurance fraud

February 5, 2013
IL Staff
Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.
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Certain religious organizations may not have to provide contraceptives

February 4, 2013
Jennifer Nelson
Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.
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7th Circuit grants injunction in company’s suit against providing employees contraceptives

January 31, 2013
Jennifer Nelson
Finding 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.
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7th Circuit orders SSA take another look at woman’s case

January 18, 2013
Jennifer Nelson
Finding 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.
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Looking forward: DTCI and the insurance industry

January 16, 2013
From DTCI
When 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.
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Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 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.
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Texas Roadhouse fire suit among 4 justices take

January 8, 2013
Dave Stafford
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
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Appeals court reinstates injured motorist’s claim against insurer

December 27, 2012
Dave Stafford
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
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7th Circuit reinstates suit to recoup environmental cleanup costs

December 19, 2012
Jennifer Nelson
Finding 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.
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Judges reinstate administrative order to refund excessive title insurance premiums

December 19, 2012
Jennifer Nelson
After 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.
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COA orders continuation of insurer’s case against tenant

December 19, 2012
Jennifer Nelson
Because 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.
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Hospital wins on uninsured patients’ appeal of rates charged

December 19, 2012
Jennifer Nelson
The 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.
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Split court upholds $3.9 million workplace injury judgment

December 14, 2012
Dave Stafford
Whether 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.
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Justices issue 4 opinions tackling prejudgment interest

December 13, 2012
Jennifer Nelson
In 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.
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Insurer doesn’t have to cover cleanup of California sites

December 6, 2012
Jennifer Nelson
Relying 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.
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  5. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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