Defense Trial Counsel of Indiana

DTCI: Insurance policies' notice provision

October 13, 2010
From DTCI
A number of recent Indiana cases have addressed the provision found in nearly all insurance policies that requires an insured to provide its insurer with prompt notice of a claim.
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DTCI Kudos

October 13, 2010
From DTCI
Lloyd H. Milliken, Jr., (past president) and Randall R. Riggs, partners in Frost Brown Todd, who were recognized in the September/October 2010 Super Lawyers® Corporate Counsel Edition.

John C. Trimble (past president), partner in Lewis Wagner, who has been appointed chair of the Public Policy Committee of DRI.

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DTCI: Existing duty is prerequisite of negligence

September 29, 2010
From DTCI
To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.
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DTCI: Amendment to the Child Wrongful Death Act

September 15, 2010
From DTCI
Andrew Palmison discusses the possible impact the amendment to the Child WDA will have on the defense of stillbirth claims.
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DTCI: Find your technological balance

August 18, 2010
Bryce Bennett
Bryce Bennett Jr. feels compelled to reminisce and record some of the law office history and evolution that he has witnessed during his career and to note the blinding speed with which technology has overtaken our professional lives.
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DTCI: Attention & Kudos

August 18, 2010
From DTCI
DTCI is seeking ideas and authors for articles for Volume 7, No. 2 of the Indiana Civil Litigation Review.
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Why join DTCI

August 18, 2010
From DTCI
Call the DTCI offices and let the DTCI help you become a more effective defense attorney!
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DTCI: Anchors away! Navigate to the DRI annual meeting

August 4, 2010
Thomas Schultz
Have you ever considered what it would be like to stand aboard an aircraft carrier? Have you ever wanted to meet and learn from a Navy Seal who survived on his own behind enemy lines in Afghanistan?
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DTCI: Worker's comp liens in third-party suits

July 21, 2010
From DTCI
On May 27, 2010, the Indiana Supreme Court issued a decision that has affected the manner in which worker’s compensation liens are handled in third-party litigation.
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DTCI: Awards nominations invited

July 21, 2010
From DTCI
The DTCI’s Awards Committee is now receiving nominations for the 2010 awards.
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DTCI: Kudos

July 21, 2010
From DTCI
Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.
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DTCI: Results from June golf tourney

July 21, 2010
From DTCI
Congratulations to the top two teams from the DTCI-Phenix Investigations annual golf outing.
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DTCI: Practicing law can be gratifying, even in summertime

July 7, 2010
Misha Rabinowitch
Recently, in a moment of self-reflection, I found myself thinking about what I find gratifying about practicing law.
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DTCI: What I really meant to say. . .

June 23, 2010
Audra Ferguson-Allen
The Seventh Circuit and the Indiana district courts have disallowed the “take home exam” theory of errata sheets, which can be particularly troublesome at the summary judgment stage.
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DTCI: Indiana Civil Litigation Review

June 23, 2010
From DTCI
The next issue of the Indiana Civil Litigation Review will be on members’ desks in a few weeks.
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Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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DTCI: Effective risk transfer in a contract

May 26, 2010
Lewis Wooton
For nearly every major construction project, a construction contract is entered into before construction begins. In almost all of those contracts, provisions are made for the transfer of risk.
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DTCI: Decisons encourage comparative fault arguments

May 12, 2010
Kevin Tyra
As Jerry Padgett and I discussed in our commentary, “Causation as a case-dispositive issue” (Indiana Lawyer, Oct. 14, 2009), the Indiana Court of Appeals has held in favor of summary judgment for defendants in instances in which the plaintiff’s negligence clearly intervened whatever fault may have been assigned to the defendant.
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DTCI: Testifying physicians must provide written reports for opinions

April 28, 2010
Matthew King
Why must a defendant wait until the deposition of a plaintiff's treating physician to discover the doctor's opinions on injury causation, the plaintiff's prognosis, or the permanency of the plaintiff's injury?
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DTCI: Potential Issues for Excess Insurers in Long Term Environmental Contamination Cases

March 31, 2010
James Boyers, Matthew Trainor
Declaratory judgment actions in which policyholders seek insurance coverage for historical environmental contamination under comprehensive general liability policies, umbrella insurance policies, and/or excess insurance policies present complex legal, factual, and scientific issues to defense practitioners. Often, the alleged contamination at issue took place over decades. These cases usually involve layers of policies offering potential coverage and significant uncertainty regarding the potential scope of remediation costs.
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Defense Trial Counsel of Indiana: Don't use cell phone while driving!

March 17, 2010
David Temple
OK, the information you are about to read may save your life! Yes, that is correct, and your families, colleagues, and even your clients will thank you for reading this article.
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Court considers broadening emotional distress 'Bystander Rule'Restricted Content

February 3, 2010
Rebecca Berfanger
Parties are waiting for the Supreme Court's decision following arguments in November in a case where a trial court granted and the Court of Appeals affirmed an award for emotional distress above and beyond the capped amount in the Adult Wrongful Death Statute as defined by Indiana Code 34-23-1-2.
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DTCI: Intentional infliction of emotional distress

February 3, 2010
Belinda Johnson-Hurtado
The tort of intentional infliction of emotional distress ("IIED") arises when a defendant (1) engages in "extreme and outrageous" conduct that (2) intentionally or recklessly (3) causes (4) sever emotional distress to another.
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