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Opinions July 13, 2022

Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.
21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.

COA: Insurance company cannot swerve around state’s UIM Statute

| Marilyn Odendahl

A worker injured in a car accident while on the job will receive payment from his insurance company after the Court of Appeals of Indiana found the policy provision which reduced coverage by the amount paid on a workers’ compensation claim payment did not comport with the state’s underinsured motorist statute.

Indiana denied fees in foster care litigation

| Marilyn Odendahl

In denying Indiana’s request for an award of costs for successfully defending a lawsuit that had challenged the state’s foster care system, the 7th Circuit Court of Appeals highlighted the appellate procedure rule that limits who can be held responsible for reimbursements.

Opinions July 12, 2022

Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.

Insurer wrongly denied $10K to woman after crash, COA rules

| Katie Stancombe

An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.

Biden admin: Docs must offer abortion if mom’s life at risk

| Associated Press

The Biden administration on Monday told hospitals that they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the U.S. Supreme Court’s decision to end a constitutional right to abortion.