Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Monday:
Indiana Supreme Court
Christine Cosme and Roy Cosme v. Debora A. Warfield Clark, Dan Churilla d/b/a Churilla Insurance, and Erie Insurance Exchange
24S-CT-159
Civil tort. Affirms the Lake Superior Court’s directed verdict for Churilla Insurance. Finds that lacking evidence on the duty element of their professional-negligence claim, Christine and Roy Cosme cannot meet the quantitative prong of the directed verdict standard. Reverses the trial court’s directed verdict for Erie Insurance Exchange. Finds the trial court erred in directing the verdict for Erie Insurance Exchange. Also finds a reasonable jury could find that the insurance policy was still in effect at the time of the accident and that Erie’s communications in canceling the policy and its subsequent denial of the Cosmes’ insurance claim were a bad-faith breach of contract. Remands for further proceedings.
Please enable JavaScript to view this content.