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Indiana Court of Appeals
Allianz Global Risks US Insurance Company v. Technicolor USA, Inc., et al.
24A-PL-1522
Civil plenary. Affirms the Marion Superior Commercial Court’s granting of partial summary judgment for Technicolor on the issue of coverage under the Umbrella Policies and its order to Allianz to defend Technicolor and reimburse costs Technicolor incurred defending itself in the Second Class Action. Finds neither the known loss doctrine nor the deemer clauses in the Umbrella Policies preclude coverage for Technicolor’s defense costs and attorneys’ fees for the Second Class Action. Also finds Allianz owes a duty to indemnify Technicolor for fees and costs associated with Technicolor S.A. Also finds the Commercial Court did not abuse its discretion by ordering prejudgment interest on Technicolor’s attorneys’ fee invoices, calculated from the date the invoices were due. Finally, finds Allianz is obligated to pay costs related to Technicolor’s arbitration proceedings. Attorneys for appellant: Katherine Haire, Lyndsay Ignasiak, John O’Malley. Attorneys for appellees: George Plews, Sean Hirschten, Ryan Leagre.

Indiana Court of Appeals
Ethane Potts v. State of Indiana
24A-CR-2072
Criminal. Affirms Ethane Potts’ convictions in St. Joseph Superior Court for one count of rape by sexual intercourse and one count of rape by “other sexual conduct,” as well as his sentence of 22 years, with 18 years to serve and four years suspended to probation. Finds rape by sexual intercourse and rape by “other sexual conduct” are separate criminal acts even when committed during a single episode. Also finds nothing about the nature of the offenses makes Potts’s sentence inappropriate. Attorneys for appellant: James Voyles, Jr., Tyler Helmond. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Ellen Meilaender.

Indiana Court of Appeals
Holcim (US) Inc. v. ACMS Group, Inc.
24A-PL-2458
Civil plenary. Affirms Lake Superior Court Judge John Sedia’s ruling that Holcim Inc. had breached its agreement with ACMS Group, Inc. for jobsite cleaning and awarded ACMS direct and consequential damages, prejudgment interest, and attorney’s fees totaling almost $6 million. Finds that taken as a whole, the record supports an inference that the damages caused to ACMS by Holcim’s nonpayment of contract and other extra costs were reasonably foreseeable. Also finds that the trial court did not err in finding that Holcim had breached the terms of the agreement. Attorney for appellant: Jeff Carroll. Attorneys for appellee: Stephen Maish, Patrick Mysliwy.