Justices author dissents in appeal denials
The Indiana Supreme Court won’t hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
Insurance
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Justices adopt ‘any insurance’ approach in subrogation dispute
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.
Justices rule in favor of Anthem in excess insurance disputes
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
Lawsuit claims IU Health, midwifery practice risked lives
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
COA affirms policy provides property damage coverage for abandoned sand
The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.
Appeals panel affirms East Chicago library board must repay insurance premiums
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
Grant of judicial review following license suspension reversed
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
Man fails to prove Supreme Court would rule against established caselaw
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
Justices vacate transfer in insurance dispute
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
Restaurant not entitled to return of insurance proceeds seized
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
Insurer had duty to defend lawsuit against Menard and loss prevention company
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
COA reverses in part judgment for agents on man’s insurance claim lawsuit
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
ALJ’s numerous errors require denial of benefits reversed
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
7th Circuit dismisses case because dispute arose after lawsuit was filed
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
Insurer owes no duty in dispute between sibling ex-law partners
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
Owner can seek separate claim for property damage coverage
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
Federal bill gives equal treatment to IOLTA funds held at credit unions
After months in limbo, a bill passed by the U.S. Senate Thursday will extend insurance coverage for IOLTA accounts.
Appeals court affirms partial judgment in insurance dispute
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
Statements by insurance provider do not constitute defamation, COA rules
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade.