Opinions March 1, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
Frankenmuth Mutual Insurance Company v. Fun F/X II, Inc. and Cao Enterprises II, LLC
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the entry of summary judgment in favor of Frankenmuth Mutual Insurance Company after Fun F/X II Inc. and Cao Enterprises II LLC submitted a loss claim exceeding $7 million. Finds the notice-of-impairment exclusion bars coverage.

Wednesday opinions
Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.

Shantel Kinney v. State of Indiana (mem. dec.)
Criminal. Affirms Shantel Kinney’s convictions of Level 2 felony robbery causing serious bodily injury and Level 3 felony conspiracy to commit armed robbery, and her sentence to an aggregate of 24 years. Finds the state was not required to obtain a waiver of juvenile jurisdiction before filing criminal charges against Kinney in adult court. Also finds Kinney has waived her sufficiency challenge to the principal offense, but the evidence was sufficient to support the jury’s finding that she was an accomplice to the crime. Finally, finds Kinney has failed to establish that the Tippecanoe Superior Court erred in accepting her guilty plea or that she suffered any harm as a result, and her sentence is not inappropriate.

Anchor Health Systems, Inc. v. Dennis Radowski, City of Hammond and Professional Claims Mgmt., Inc. (mem. dec.)
Civil collections. Affirms the Lake Superior Court’s order denying Anchor Health Systems Inc.’s motion for relief pursuant to Indiana Trial Rule 59 and Indiana Trial Rule 60. Finds Anchor has not demonstrated the trial court abused its discretion by denying its motion under either rule.

In re the Termination of the Parent-Child Relationship of B.P. (Minor Child) and A.C. (Mother) A.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother A.C.’s parental rights to her daughter, B.P. Finds A.C. has not demonstrated she was denied her right to due process. Also finds the trial court did not err when it concluded there is a reasonable probability the conditions leading to Child’s removal will not be remedied. Finally, finds the totality of the evidence supports the trial court’s determination that termination of A.C.’s parental rights is in B.P.’s best interests.

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