Opinions July 14, 2016

July 14, 2016
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Fireman's Fund Insurance Company v. Matthew W. Ackerman and American Casualty Co.
Civil tort. Reverses denial of the Fireman’s Fund’s motion for summary judgment regarding Ackerman’s claim for underinsured motorist coverage. Given Indiana Code 27-7-5-1.5(b), Fireman’s Fund was not required to provide UM/UIM coverage in the 2008 Evansville Marine policy. Fireman’s Fund was entitled to judgment as a matter of law and there were no genuine issues of material fact. Remands for further proceedings.

State of Indiana v. John K. Sturman
Criminal. Affirms in part and reverses in part. The trial court abused its discretion by dismissing Counts 1-3 for reckless homicide on the basis that the trial court failed to state an offense in the Information, and by dismissing Count 1 as being barred by the statute of limitations. The trial court did not abuse its discretion by denying Sturman’s motion to dismiss Counts 1-6 and 8-19, which involved reckless homicide and issuing an invalid prescription for legend drugs by a practitioner, on the basis that the charges do not state the alleged offenses with sufficient certainty; nor did the trial court abuse its discretion by denying Sturman’s motion to dismiss Counts 4-19 on the basis that Indiana Code 16-42-19 -20 is unconstitutionally vague. Remands for further proceedings.

Randy Faulkner & Associates, Inc. and Randall W. Faulkner v. The Restoration Church, Inc.
Civil plenary. Reverses judgment for the church on its breach of contract claim and vacates the $322,000 damages award. Pursuant to the lease agreement’s plain language and given the church’s untimely response, the church defaulted on its option to renew the lease. Affirms judgment that RFA and Randall Faulkner are entitled to no damages on their tort claim for tortious interference with a business relationship. Remands for further proceedings.

Sammuel Willis v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Edward A. Young v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony forgery, Class D felony insurance fraud and Class D felony theft.

Thomas Harper v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A felony burglary resulting in bodily injury.