Opinions October 22, 2025

The following opinion was posted after The Indiana Lawyer’s deadline Tuesday:
Indiana Supreme Court
Bradley Baldwin, Individually and as Assignee of Tommi C. Hummel, et. al., and Individually and as Assignee of Jess M. Smith, III, et. al. v. The Standard Fire Insurance Company, et. al.
25S-CT-33
Civil tort. Affirms the Marshall Circuit Court’s entry of summary judgment for Standard Fire Insurance Company against Bradley Baldwin’s claims that Standard Fire breached its duty of good faith and fair dealing to the Hummels and that it acted in bad faith toward the Hummels and should pay punitive damages. Finds that the insurer deposited the policy limits with the trial court and continued to defend its insured against all claims.  Also finds the insurer did not breach the insurer’s duty of good faith and fair dealing to its insured and did not amount to bad faith. Justice Christopher Goff concurs in part and dissents in part with separate opinion. Attorneys for appellant:  Michael Simmons, Hannah Brady, Ann Marie Waldron. Attorneys for appellee: Erika Stamper, Michael Resis, William McVisk, Todd Schenk. 

Wednesday opinions
Indiana Court of Appeals
GSE Realty LLC, Gordon D. Emmert and Stacey I. Emmert v. Leslie R. Miller
25A-PL-669
Civil plenary. Reverses the Parke Circuit Court’s grant of a prescriptive easement to Leslie Miller regarding the gravel driveway. Affirms the remaining prescriptive easement awarded by the trial court to Miller. Finds the Emmerts have failed to demonstrate that the trial court’s grant of a prescriptive easement on the remaining property at issue here is clearly erroneous. Remands and the appellate court does not address the Emmerts’ argument regarding the particularity of the permanent injunction awarded to Miller. Attorney for appellants: Glen Koch II. Attorneys for appellee: William Gooden, Kristin McKinney, Jennifer Perry.

Donna Wagner v. Mark Christopher Perry, et al.
25A-PL-674
Civil plenary. Affirms the Hamilton Superior Court’s dismissal of Donna Wagner’s claims for theft and conversion, breach of fiduciary duty, and negligent supervision. Finds that the Comparative Fault Act does bar her claims for theft and conversion, breach of fiduciary duty, and negligent supervision, and thus affirm the trial court’s dismissal of those claims under Davidson’s collateral estoppel analysis. Also finds that because the Securities Act expressly retains common law joint and several liability—and the facts alleged in the amended complaint are sufficient to state a claim for relief under the act—the court erred in dismissing Wagner’s claim for violations under the Securities Act. Reverses and remands in part for further proceedings consistent with this opinion. Attorneys for appellant: Jacob O’Brien, Gabriel Retz, Scott Starr. Attorneys for appellees: Matthew Steinberg, Connie  Fickel, Rachel Sposato.