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Court of Appeals of Indiana
Erie Insurance Exchange v. Christine Cosme and Roy Cosme
No. 25A-CT-1439

Appeal from the Lake Superior Court, Judge Bruce D. Parent. The trial court found Erie Insurance Exchange liable for bad faith in failing to pay the Cosmes’ insurance claim following a rear-end collision. Despite a jury awarding the Cosmes over $8 million for damages related to the wreck and policy breaches, the trial court reduced the amount to approximately $3.6 million, citing the policy limitations as justification. The court upheld the denial of Erie’s motion for partial summary judgment, ruling that the Cosmes had sufficiently shown issues of material fact concerning Erie’s actions, and it allowed expert testimony categorizing Erie’s conduct as “opportunistic fraud.” Ultimately, the appellate court affirmed in part, reversed the reduction of breach of policy damages, and remanded for further consideration of total damages. Judge Felix authored the opinion, with Judges May and Mathias concurring. Appellant’s attorneys: Dina M. Cox, Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis, Indiana; and James P. Strenski, Tyler L. Jones, Drewry Simmons Vornehm LLP, Carmel, Indiana. Appellees’ attorneys: Angela M. Jones, Pillar Jones LLC, Crown Point, Indiana; Steven J. Sersic, Smith Sersic LLC, Munster, Indiana.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Court of Appeals of Indiana
North River Insurance Company and RiverStone Claims Management LLC v. Landis+Gyr Technology, Inc.
No. 25A-PL-375

Appeal from the Tippecanoe Superior Court, Judge Randy J. Williams. Landis+Gyr Technology, Inc. sued North River Insurance Company and RiverStone Claims Management LLC for insurance coverage related to pollution remediation costs at a former manufacturing site. The trial court initially granted partial summary judgment in favor of Landis, awarding over $10 million. On appeal, the court reversed this decision, ruling that the North River policies did not apply under New York law due to the pro rata allocation approach, which would yield no liability for North River, as the damages did not exceed the policy’s attachment point. The court remanded the case for the entry of summary judgment for the defendants on all claims. Judge Vaidik authored the opinion, with Judges Mathias and Pyle concurring. Appellants’ attorneys: Erik Mroz, Elizabeth S. Straw, Drewry Simmons Vornehm LLP, Carmel, Indiana; Bryan H. Babb, Bradley M. Dick, Bose McKinney & Evans LLP, Indianapolis, Indiana; John D. LaBarbera, Bevin Carroll, Kennedys Law LLP, Chicago, Illinois. Appellee’s attorney: Brent W. Huber, Jenny R. Buchheit, Robert A. Jorczak, Ice Miller LLP, Indianapolis, Indiana.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.