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Court of Appeals of Indiana
Illinois Casualty Company v. B&S of Fort Wayne, Inc., Showgirl III., Inc., Reba Enterprises LLC, Jessica Burciaga, Jessica Hinton, Jamie Middleton Eason, Lucy Pinder, Abigail Ratchford, Emily Scott, Denise Trlica, Sara Underwood, Jennifer Walcott Archuletta, Paola Canas, Camila Davalos, Mariana Davalos, Jaime Edmondson, Cielo Jean Gibson, Hillary Hepner, Krystal Hipwell, Melanie Iglesias, Joanna Krupa, Arianny Celeste Lopez, Brooke Marrin, Ursula Mayes, Carrie Minter, Anya Monzikova, Andra Cheri Moreland, Caitlin O’Connor, Lina Posada, Laurie Romeo, Ina Schnitzer, Cora Skinner, Alana Souza, Irina Voronian, Jennifer Zharinova, and Rachel Koren
22A-PL-432
Civil Plenary. Reverses Allen Superior Court’s grant of the motion to compel arbitration filed by the 33 models who initially sued Insured Clubs in federal court over the unauthorized use of their photos in advertisements. Finds Illinois Casualty Company is not required to arbitrate pre-2016 claims because the cyber protection endorsement was not part of the insurance policy during that time. Rules 2016 and later claims are also not entitled to arbitration because the cyber protection endorsement’s arbitration provision applies only to claims made under the endorsement and the models did not bring timely claims under the endorsement. Judge Terry Crone concurs in result.

Court of Appeals of Indiana
R.P. and D.P. v. A.W. and K.H. (mem. dec.)
22A-AD-1862
Adoption. Affirms the denial of R.P. and D.P.’s petition to adopt their grandson. Finds the Jasper Superior Court did not err in concluding that the grandparents did not prove by clear and convincing evidence that for at least one year mother A.W. and father K.H. failed without justifiable cause to communicate significantly with child E.W.-H. when able to do so.