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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Thursday:
Indiana Supreme Court
In the Matter of the Honorable Matthew J. Elkin, Judge of the Howard Superior Court
25S-JD-69
Judicial discipline. Bans Howard Superior Court Judge Matthew Elkin permanently from judicial service. Finds Elkin engaged in judicial misconduct by failing to disqualify himself from presiding over matters in which he previously represented a party, making injudicious comments toward problem-solving court participants, favoring certain litigants while degrading others, inadequately supervising employees, and possibly misusing court funds. Also finds Elkin may retain his law license unless or until further order of the Supreme Court. Attorney for respondent: Jennifer Lukemeyer. Attorneys for Indiana Commission on Judicial Qualifications: Adrienne Meiring, Stephanie Bibbs, Jill Esenwein, Mark Conner.
Friday opinions
Indiana Court of Appeals
Northern Indiana Public Service Company, LLC v. ACE American Insurance Company, Safway Services, LLC, and Headwaters Resources, Inc.
24A-PL-512
Civil plenary. Affirms Safway breached its duty to defend NIPSCO in the underlying lawsuit. Finds as damages for the breach, the Marion Superior Court did not err in ordering Safway to pay the defense costs NIPSCO incurred in the underlying lawsuit after Safway ceased defending NIPSCO. Also affirms the trial court’s judgment that these costs are covered under the ACE-Safway Policy, subject to the applicable deductible. Finds NIPSCO’s attorney fees and costs incurred in bringing this action are not defense costs, but the trial court did not err in ordering Safway to pay them under the fee-shifting provision of the Safway Agreement. Reverses the trial court’s finding that ACE American Insurance Company provided insurance coverage for the attorney fees in this action. Remands for clarification on the sum of damages awarded and for further proceedings consistent with this opinion. Attorneys for appellant/cross-appellee: George Plews, Jeffrey Featherstun, Andrea Townsend, Joanne Sommers. Attorneys for appellees/cross-appellants: Crystal Rowe, Matthew Ponzi, John Eggum, Lucy Dollens ,Elizabeth Trachtman, Anthony Steinike, Lora LoCoco, Robert Foos Jr., Michael Giordano.
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