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Opinions July 14, 2010

July 14, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell

93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

Paul Christy and Julia Christy v. Paul Sebo and Anita Sebo
55A05-1002-CC-131
Civil. Reverses the order denying the Christys’ request for attorney’s fees and costs against the Sebos in the Christys’ defense of an adverse possession claim and litigation of a breach of warranty claim. Summary judgment was granted in favor of the Christys and against the Sebos on whether the Sebos breached the warranty of title and the Sebos have not appealed that ruling. The fact that the Christys and the Clarks ultimately settled their adverse possession dispute is irrelevant to the question of whether Sebos breached the warranty of title. Remands for further proceedings.

Randy O'Brien, et al. v. C. Bruce Davidson, et al.
49A04-0910-CV-569
Civil. Reverses order granting summary judgment in favor of The Bar Plan Mutual Insurance Co. in Ashby and O’Brien’s legal malpractice action against The Bar Plan’s insured, C. Bruce Davidson Jr. Bar Plan has been able to investigate and defend the clients’ claims against the insured after receiving prompt, actual written notice of the claims from the clients.

Fidelity National Title Insurance Company v. Rhys Mussman and Sally Mussman
64A03-0905-CV-204
Civil. Reveres grant of summary judgment of $1.6 million in favor of the Mussmans on their complaint alleging conversion of funds held in an escrow account by Intercounty Title Company. ITC was Fidelity’s title insurance agent, not its agent for closing and escrow services, so the trial court erred when it held the Mussmans are entitled to judgment as a matter of law. Remands with instructions.

Jeannie Hall v. Larry Hall Trust and Jack Hall, Trustee (NFP)
64A05-0912-CV-715
Civil. Affirms determination that Jeannie Hall is not entitled to the income from all of the properties in the Larry A. Hall Trust.

Maurice J. Tatum v. State of Indiana (NFP)
49A02-0912-CR-1213
Criminal. Affirms order revoking probation.

John Jacob Campbell v. State of Indiana (NFP)
18A02-0912-CR-1189
Criminal. Reverses order revoking probation and remands with instructions to the trial court to accommodate Campbell’s indigence consistent with the opinion.

Michael Furlong v. State of Indiana (NFP)
49A04-0911-CR-658
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Marcus R. Berry v. State of Indiana (NFP)
02A03-1002-CR-109
Criminal. Affirms revocation of probation.

Johnny Byers v. State of Indiana (NFP)
71A04-0910-CR-612
Criminal. Affirms conviction of Class A felony attempted murder.

Shalini Kohli v. Vishal Mahajan (NFP)
29A02-1002-DR-131
Domestic relation. Affirms the decree dissolving marriage.

Indiana Tax Court had posted no opinions at IL deadline
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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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