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Erie Insurance Exchange v. State Farm Mutual Automobile Insurance Company
24A-CT-2747
Civil tort. Reverses Howard Superior Court Judge Matthew Elkin’s order of partial summary judgment in favor of State Farm and, instead, order the trial court to issue an order granting Erie Insurance Exchange’s motion for partial summary judgment. Finds that when the Indiana Legislature enacted specific priority rules for bailees under Indiana Code § 27-8-9-11, courts must not attempt to parse competing “other insurance” clauses that are functionally identical but use different terminology. Also finds courts are bound to follow the statute when multiple policies offering the same type of coverage conflict. Remands for further proceedings. Attorneys for appellant: Jonathan Bucher, Kevin Lichtenberger. Attorneys for appellee: Mark Alderfer, Christopher Appel.
Jason Hensley v. Lewis Brothers Bakeries, Inc.
24A-PL-2246
Civil plenary. Reverses Vanderburgh Superior Court Judge Thomas Massey’s granting of Lewis Brothers Bakeries’ Indiana Trial Rule 12(b)(6) motion to dismiss Jason Hensley’s lawsuit against the company based on lack of standing. Finds that Hensley has alleged sufficient harm at the pleading stage to confer standing. Also finds the trial court erred by requiring allegations of actual misuse of Hensley’s PII and under the circumstances of this case, Hensley should not have to wait until hackers commit identity theft, fraud, or other misuse to obtain standing. Remands for further proceedings. Attorneys for appellant: Lynn Toops, Amina Thomas, Arend Abel. Attorneys for appellee: Steven Hoar, Richard Haggerty.
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