Opinions Dec. 2, 2015

December 2, 2015

Indiana Supreme Court
Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith
Civil plenary. Reverses in part the trial court's entry of summary judgment for the insurance agency and insurance agent to the extent that it may apply to the Schmidt’s claim for negligent procurement of insurance, but directs the entry of partial summary judgment for the agents as to Schmidt’s claim alleging the agents failed to accurately report dwelling fire policy information to the insurance company. The agents failed to exclude the possibility that other types of fire insurance coverage for Schmidt’s rental property could have been obtained and issued. Affirms summary judgment for Indiana Insurance Co.

Indiana Court of Appeals
Thomas M. Kunberger v. State of Indiana
Criminal. Affirms convictions of Level 6 felonies strangulation and criminal confinement; and Class A misdemeanor domestic battery. Finds his convictions do not violate double jeopardy and his sentence – two years and 183 days in the Department of Correction – is not inappropriate. Judge Rudolph Pyle III dissents regarding the sentence.

Robert A. Ottomanelli v. State of Indiana (mem. dec.)
Criminal. Reverses trial court denial of Ottomanelli’s request for jail time credit and remands for consideration of his argument on the merits.

Keith A. Nemer v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Nemer’s petition for post-conviction relief, finding he was not denied effective assistance of trial counsel.

In Re the Involuntary Term. of the Parent-Child Relationship of: Au.R. and Ay.R. (Minor Children) and R.W. (Mother) v. Ind. Dept. of Child Services (mem. dec.)

Juvenile. Affirms termination of mother’s parental rights to two minor children. Finds decision was supported by sufficient evidence.

A. Taylor v. Indiana Bureau of Motor Vehicles, State of Indiana, Gerald B. Coleman as Commissioner of the Bureau of Motor Vehicles (mem. dec.)
Civil plenary. Affirms denial of motion to correct error in a trial court order concerning the renewal of Taylor’s driver’s license.