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Opinions Dec. 5, 2013

Indiana Court of Appeals
Katherine Ryan v. Larry Janovsky
45A03-1304-DR-145
Domestic relation. Reverses denial of Ryan’s petition for contempt and rule to show cause after Janovsky refused to sign a proposed qualified domestic relations order. The entry of a QDRO is not time-barred.

COA: Bank lacks standing to appeal trust terminations

Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.

Ex-wife allowed to enter QDRO 20 years after divorce

In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.

Policy provisions preclude coverage in settlement of class claims

Because the “voluntary payment” and “legally obligated to pay” provisions precluded coverage, a trial court properly entered partial judgment in favor of an insurer of a distillery involved in a settlement over damages caused to nearby buildings by the distillation process.

Child Support Court being reopened in Gary

Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.

Indiana appeals $62.8 million tobacco settlement reduction

The state is appealing an arbitration panel ruling from September that reduced by $62.8 million the amount due from tobacco companies to offset Indiana’s health costs associated with treating sick smokers and tobacco users.

Opinions Dec. 4, 2013 ILD

Indiana Court of Appeals
Masoud Azimi, as Personal Representative of the Estate of Amir Mansour Azimi-Zavarehee, deceased v. Anne Bechman(NFP)
79A04-1305-CT-217
Civil tort. Affirms order dismissing Azimi’s case against Anne Bechman for damages resulting from the death of his brother Amir Mansour Azimi-Zavarehee in an accident involving Bechman.

Arick J. Pam v. State of Indiana (NFP)
82A04-1302-CR-80
Criminal. Affirms conviction of carrying a handgun without a license, enhanced to a Class C felony because of a prior conviction.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions Dec. 4, 2013

Indiana Court of Appeals
Rick Deeter v. Indiana Farmers Mutual Insurance Company
43A04-1305-PL-229
Civil plenary. Affirms summary judgment in favor of Indiana Farmers Mutual Insurance Co. regarding Rick Deeter’s claim for insurance proceeds. Determines that when an insurance company has included an explicit exclusion in its policy to cover loss that results from an intentional act by a co-insured, the court will respect the parties’ right to contract and enforce that exclusion. The undisputed designated evidence shows that Callie Deeter purposefully and intentionally burnt down her home, and Farmers was within the scope of its contractual rights to deny the Deeters’ insurance claim in accordance with the intentional loss exclusion contained in the policy.

Government may appeal Conour’s 10-year sentence

Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.

Husband can’t recover insurance proceeds after wife burns down house

The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.

Opinions Dec. 3, 2013 ILD

Indiana Court of Appeals
Angela D. Hartwell v. Indiana Insurance Company (NFP)
39A01-1305-CT-195
Civil tort. Reverses summary judgment in favor of Indiana Insurance Company, finding that a release between Hartwell and another insurance company is ambiguous. Remands for trial on the question of whether the other insurer’s release intended to release Indiana Insurance.

Jeffrey Watson v. State of Indiana (NFP)
29A02-1301-PC-92
Post conviction. Affirms denial of post-conviction relief from two counts of Class A felony child molesting, one count of Class D felony child solicitation, and one count of Class D felony conducting a performance harmful to minors.

Jimmy Nave, Jr. v. State of Indiana (NFP)
48A02-1307-CR-632
Criminal. Affirms conviction of Class A felony kidnapping.

Willie G. Pargo v. State of Indiana (NFP)
49A02-1305-PC-408
Post conviction. Affirms denial of post-conviction relief on convictions of Class A felony dealing in cocaine, Class C felony possession of cocaine with a firearm, Class B felony unlawful possession of a firearm by a serious violent felon and Class C felony dealing in marijuana.

Eric L. Hecker, Jr. v. State of Indiana (NFP)
45A05-1304-CR-202
Criminal. Affirms conviction of three counts of Class D felony failure to stop at an accident involving serious bodily injury to another person and one count of Class A misdemeanor false reporting or informing.

William Paul Sallee, Jr., v. State of Indiana (NFP)
90A05-1303-CR-151
Criminal. Affirms conviction of two counts of Class B felony burglary.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
 

Opinions Dec. 3, 2013

7th Circuit Court of Appeals
Carol Bates v. Carolyn W. Colvin
12-3359
Civil. Reverses the decision of the District Court to affirm the denial of Bates’ application for Supplemental Security Income. Remands for rehearing. Rules administrative law judge did not give proper consideration of the opinion submitted by the psychiatrist treating Bates.

Denial of SSI reversed for failure to consider mental health

A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.

Schools get $14 million settlement in ISTA, NEA securities suit

Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.

IndyBar: Pay it forward by offering your expertise

Since 2007, attorney volunteers have assisted hundreds of individuals prepare for times when they can no longer speak for themselves through the Low Asset Wills program. For IndyBar volunteers it is easy: clients are pre-screened and template forms are provided.