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Opinions April 23, 2015

April 23, 2015
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
49S05-1404-PL-244 
Civil plenary. Holds as a matter of law that Anthem's losses resulted from alleged wrongful acts that occurred solely in the rendering or failure to render professional services and thus fall within the policy's insuring agreement; that the relief Anthem seeks is insurable under the policy and Indiana law; and that, with respect to Anthem's settlement losses resulting from three lawsuits, the exception to Exclusion (b) obviates its application. Anthem is entitled to the coverage, including coverage for defense costs, under Coverage II of its policies with the excess reinsurers, except for its settlement losses resulting from Connecticut State Medical Society’s claims.  Reverses and, except for Anthem's losses resulting from CSMS's claims and Anthem's bad faith claim, enters summary judgment in favor of Anthem for its costs of settling the underlying litigation and remands to the trial court for further proceedings consistent with this opinion. 
 
Thursday’s opinions
Indiana Court of Appeals
49A02-1409-JV-688 
Juvenile. Affirms determination that J.B. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult. There were no federal or state constitutional violations by admitting evidence obtained during J.B.’s encounter with a police officer. 
 
82A01-1406-CT-234 
Civil tort. Affirms in part and reverses in part summary judgment for the bank on claims that it re-ordered transactions in order to maximize the amount of overdraft fees it can charge customers. The bank is not entitled to summary judgment on the state claim of breach of duty of good faith and fair dealing, but is entitled to summary judgment on the unjust enrichment, unconscionability and conversion claims. 
 
84A05-1405-CR-206 
Criminal. Affirms denial of motion for discharge under Ind. Criminal Rule 4(C) and denial of Ley’s motion to correct error requesting a new trial based on juror misconduct. 
 
49A04-1410-JV-457 
Juvenile. Affirms true finding that N.B. committed what would be auto theft as a Level 6 felony if committed by an adult. 
 
82A05-1408-CT-393 
Civil tort. Affirms grant of the defendant’s motion to strike Vaughn’s expert witness and the motion for summary judgment. 
 
10A05-1405-CR-234 
Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter the judgment as a Class B misdemeanor battery and resentence Underwood accordingly. 
 
49A02-1410-CR-710 
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement. 
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