Opinions May 14, 2015

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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
The Board of Commissioners of the County of Jefferson v. Teton Corporation, Innovative Roofing Solutions, Inc., Gutapfel Roofing, Inc., and Daniel L. Gutapfel
Civil tort. Affirms summary judgment in favor of the contractors on the county’s subrogation claim to recover damages caused to the courthouse outside the scope of the renovation work. The plain meaning of the contract defines the scope of the AIA contract waiver based on the extent and source of coverage, not the nature of the property damaged. Agrees with the majority of jurisdictions that have applied this plain meaning to bar recovery for all damages covered by the same property insurance policy used to cover construction-related damages – commonly referred to as the “any insurance” approach. Because contractors have shown that the property owner’s insurance covered all damages, the subrogation waiver applies to bar the property owner’s claim.

Thursday’s opinions
Indiana Court of Appeals

In the Matter of the Termination of the Parent-Child Relationship of: D.B.S. (Minor Child), and Q.S. (Father) and D.S. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Timothy Lee Hyser v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of one count each of Class A felony and Class C felony child molesting.
In Re the Marriage of: Leann Palmer (Lawrence) v. Jeffrey Palmer (mem. dec.)
Domestic relation. Affirms order denying mother’s petition to modify child custody agreement.

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