Opinions Jan. 11, 2023

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Court of Appeals of Indiana
Illinois Casualty Company v. B&S of Fort Wayne, Inc., Showgirl III, Inc., Reba Enterprises LLC, Jessica Burciaga, Jessica Hinton, Jamie Middleton Eason, Lucy Pinder, Abigail Ratchford, Emily Scott, Denise Trlica, Sara Underwood, Jennifer Walcott Archuletta, Paola Canas, Camila Davalos, Mariana Davalos, Jaime Edmondson, Cielo Jean Gibson, Hillary Hepner, Krystal Hipwell, Melanie Iglesias, Joanna Krupa, Arianny Celeste Lopez, Brooke Marrin, Ursula Mayes, Carrie Minter, Anya Monzikova, Andra Cheri Moreland, Caitlin O’Connor, Lina Posada, Laurie Romeo, Ina Schnitzer, Cora Skinner, Alana Souza, Irina Voronian, Jennifer Zharinova, and Rachel Koren
Civil Plenary. Reverses Allen Superior Court’s grant of the motion to compel arbitration filed by the 33 models who initially sued Insured Clubs in federal court over the unauthorized use of their photos in advertisements. Finds Illinois Casualty Company is not required to arbitrate pre-2016 claims because the cyber protection endorsement was not part of the insurance policy during that time. Rules 2016 and later claims are also not entitled to arbitration because the cyber protection endorsement’s arbitration provision applies only to claims made under the endorsement and the models did not bring timely claims under the endorsement. Judge Terry Crone concurs in result.

Aaron Brugh v. Milestone Contractors, LP
Reverses the Morgan Superior Court’s order denying Aaron Brugh, by and through surviving spouse Rachelle Brugh, denying a motion to substitute real party in interest. Finds Rachelle Brugh timely substituted herself as the real party in interest within the prescribed time limitations of Indiana’s Wrongful Death Statute, as tolled by the Indiana Supreme Court’s orders. Remands with instructions for the trial court to reinstate Brugh’s claim.

Jason Collins v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Jason Collins’ motion for bond reduction. Finds the trial court, which determined Collins is a threat to the safety of the community and particularly children, didn’t abuse its discretion.

James Andrew Bowman v. State of Indiana (mem. dec.)
Criminal. Dismisses the appeal by James Andrew Bowman regarding his placement in community corrections and probation. Finds Bowman is not an “eligible defendant” under Indiana Post-Conviction Rule 2. Finds there aren’t extraordinary and compelling reasons to allow the appeal to proceed on the merits.

Peter J. Bakas v. Katherine Radinovic (mem. dec.)
Estate, miscellaneous. Affirms the approval of the accounting filed by Katherine Radinovic, who was the attorney-in-fact for her father, John Bakas before he died. Finds the trial court did not err in denying Peter Bakas’ motion to correct error and granting Radinovic’s request for relief from the findings and judgment contained in her Statement in Opposition to Motion to Correct Error. Finds Peter, John’s son, failed to show that the actions of Radinovic’s counsel or the trial court judge resulted in fundamental error.

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