Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Erie Insurance Exchange v. Christine Cosme and Roy Cosme
No. 25A-CT-1439
Appeal from the Lake Superior Court, Judge Bruce D. Parent. The trial court found Erie Insurance Exchange liable for bad faith in failing to pay the Cosmes’ insurance claim following a rear-end collision. Despite a jury awarding the Cosmes over $8 million for damages related to the wreck and policy breaches, the trial court reduced the amount to approximately $3.6 million, citing the policy limitations as justification. The court upheld the denial of Erie’s motion for partial summary judgment, ruling that the Cosmes had sufficiently shown issues of material fact concerning Erie’s actions, and it allowed expert testimony categorizing Erie’s conduct as “opportunistic fraud.” Ultimately, the appellate court affirmed in part, reversed the reduction of breach of policy damages, and remanded for further consideration of total damages. Judge Felix authored the opinion, with Judges May and Mathias concurring. Appellant’s attorneys: Dina M. Cox, Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis, Indiana; and James P. Strenski, Tyler L. Jones, Drewry Simmons Vornehm LLP, Carmel, Indiana. Appellees’ attorneys: Angela M. Jones, Pillar Jones LLC, Crown Point, Indiana; Steven J. Sersic, Smith Sersic LLC, Munster, Indiana.
Court of Appeals of Indiana
Evan J. Schaffer, Appellant-Petitioner v. State of Indiana, Appellee-Respondent
No. 25A-PC-1682
Appeal from the Lawrence Superior Court, Judge John M. Plummer III. The Court reverses the post-conviction relief (PCR) court’s denial of Schaffer’s petition and remands for a new evidentiary hearing. The Court found that the PCR court denied Schaffer a fair hearing by demonstrating partiality through its comments and questioning, which suggested bias against Schaffer’s claims regarding ineffective assistance of counsel. Additionally, the PCR court erred in summarily denying Schaffer’s claims related to the self-defense instruction without conducting an evidentiary hearing, despite the existence of genuine issues of material fact. Judge Felix authored the opinion; Judges May and Mathias concur. Appellant’s attorney: Stacy R. Uliana, Uliana Law, Bargersville, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.