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Court of Appeals of Indiana
Michael Cline and Jacob Sofronko, Appellants-Plaintiffs v. Everest National Insurance Company, Appellee-Defendant
No. 25A-CT-1976

Appeal from the Jay Superior Court, Judge Gail M. Dues. The Court affirmed the trial court’s judgment in favor of Everest National Insurance Company, determining that the maximum underinsured motorist (UIM) coverage available to Michael Cline and Jacob Sofronko is $700,000 after a setoff for the $300,000 payment from the tortfeasor’s insurance. The court found no genuine issue of material fact, agreeing with the trial court’s interpretation of the UIM policy, which states that UIM coverage limits are reduced by any amounts paid by those legally responsible for the accident. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Attorneys for appellant (Cline): Jason A. Shartzer, Shannon B. Mize, Shartzer Law Firm LLC, Indianapolis, Indiana. Appellee’s attorneys: Pamela A. Paige, Plunket Cooney PC, Indianapolis, Indiana; and Stephen P. Brown, Plunket Cooney PC, Bloomfield Hills, Michigan.

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Court of Appeals of Indiana
Clifford Vance v. State of Indiana
No. 25A-CR-1741

Appeal from the Clark Circuit Court, Judge Bradley Jacobs. Clifford Vance appealed his convictions for drug-related offenses, arguing that the officers’ entry into and search of his motel room violated his rights under Article 1, Section 11 of the Indiana Constitution. The Court agreed, emphasizing that the officers’ degree of concern was low, the intrusion was moderate to high, and the law enforcement need was modest. The Court found that the State failed to demonstrate the reasonableness of the search, concluding that the trial court erred in admitting the evidence found, and ultimately reversed Vance’s convictions. Judge Vaidik authored the opinion, with Judge DeBoer concurring and Chief Judge Tavitas concurring in result with a separate opinion. Appellant’s attorney: Matthew J. McGovern, Fishers, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.