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COA to hear oral argument at DTCI annual meeting

November 13, 2017

Attorneys who attend this year’s annual meeting of the Defense Trial Counsel of Indiana will have the opportunity to sit in on oral arguments before the Indiana Court of Appeals when the court travels to French Lick for arguments this week.

An appellate panel including judges John Baker, Melissa May and Elaine Brown will hear the case of Earl, et al. v. State Farm, et al., 36A01-1703-CT-542, in French Lick on Friday as part of DTCI’s annual meeting. The case, which stems from a lawsuit against State Farm, challenges the trial court’s grant of summary judgment to State Farm on Kimberly and Jerry Earl’s fraud, constructive fraud, bad faith and breach of contract claims against the insurance company.

The Earls, who had previously succeeded on a liability claim lawsuit against State Farm, filed their second complaint after the insurer updated discovery and disclosed an additional policy the Earls paid for that also covered their damages. The trial court granted summary judgment after it found the fraud claim was an impermissible collateral attack on the prior judgment.

Oral arguments in the case will begin at 2:30 p.m. Friday at the French Lick Resort and Conference Center, 8670 W. State Road 56.

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