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
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
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.
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
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)
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)
Criminal. Affirms order revoking probation.
John Jacob Campbell v. State of Indiana (NFP)
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)
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Marcus R. Berry v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Johnny Byers v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony attempted murder.
Shalini Kohli v. Vishal Mahajan (NFP)
Domestic relation. Affirms the decree dissolving marriage.
Indiana Tax Court had posted no opinions at IL deadline.