High court divided on faulty workmanship coverage under CGL policy
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
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Court of Appeals upholds Miller estate decision
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
Expedited hearing to be sought after justices again deny transfer
The attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request for transfer.
Vested employer-provided health-insurance premiums are an asset
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
Supreme Court affirms sexually violent predator status
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
Court: team-building activity not under insured conditions
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
Supreme Court will have 18-day gap between justices
The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.
Judge leaves for Afghanistan mission
After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.
7th Circuit hears Cinergy appeal
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
Judicial candidate put back on ballot
A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.
7th Circuit mulls adult-business laws
The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.
Court: Slow start for optional e-filing
Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.
Discrimination cases rising
As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.
Commission narrows Tax Court applicants
The Indiana Tax Court logo symbolizes what will remain the same next year, even though the only person who’s ever presided on that appellate bench will change for the first time since that court was created more than a quarter century ago.
5 vie for spot on judicial commissions
Openings on the Indiana Supreme Court and state Tax Court in recent months have put more focus on the selection process and what goes into choosing appellate jurists, leading to increased interest from the legal community about who has a voice in deciding nomination and other judicial qualifications issues.
Juvenile reform continues after ’09 summit
No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.
Medicaid applicants facing ‘tremendous hurdles’?
When filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how you can appeal.
Judicial selection process has no formula
Selecting a new Indiana Supreme Court member is a transparent process until it reaches the governor, and then the action moves behind closed doors and the legal community is left holding its collective breath until learning who will be the state’s next justice.
Exclusive: DeLaney speaks about attack, civility
If he hadn’t become a lawyer nearly four decades ago, Indianapolis attorney Ed DeLaney knows that choice could have prevented the attack that he believed was going to end his life.
Boone Circuit Judge Steven David to succeed retiring Justice Theodore R. Boehm
Judge Steven H. David said he would have been content staying in his job as Boone Circuit judge for the rest of his legal career. But he took a chance, overcoming an initial doubt that he should apply for an Indiana Supreme Court opening and ultimately rising to the top of 34 attorneys and judges to become the state’s 106th justice.