Settlement reached in Weinberger medical malpractice suits
Victims split $55 million, but some cases continue for former fugitive Merrillville ‘Nose Doctor.’
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Appeals panel reverses summary judgment for insurer in hit-and-run
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
Nursing home can’t collect from estate under doctrine of necessaries
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
Low enrollment numbers in the Healthy Indiana Plan are questioned
As Indiana seeks federal approval to continue its Healthy Indiana Plan, a health insurance program for income-eligible uninsured Hoosiers, some state legislators are concerned enrollment in the program is not higher.
Weinberger cases settle for $55M
Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.
Injured man who sued estate can only recover insurance policy limits
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
Lawsuit claims Indiana’s high-risk insurance pool hoards cash
Health care providers who’ve been rejected by private malpractice writers turn to a state-run insurer that typically charges two to three times more for coverage. A class-action lawsuit claims the high-risk pool owes its policyholders a $31 million surplus.
Court rules in favor of insurer in environmental cleanup dispute
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.
Seeking an exclusion for innocent co-insured
A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.
Judges tell trial court to declare commissioner’s order void
The Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory hearing.
SCOTUS declines review of injunction against Medicaid cap on dental work
The Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid recipients at $1,000 per year.
House passes JTAC, court late payment bills
The Indiana House of Representatives passed on concurrence several bills Wednesday, including legislation dealing with judicial technology and automation.
Judges affirm AUL Insurance owed no fiduciary duty to 401(k) plan
The 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that the insurance company’s revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security Act of 1974.
Workers’ comp, JTAC bills pass full Senate
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
Contractor wins on appeal of $14.5M damages award for defamation
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
State Farm must pay contractor $14.5M for defamation
The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards in U.S. history, according to the court.
Malpractice ruling for hospital remanded to trial court
The apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital summary judgment on the issue.
Endorsement clause makes insurance policy ambiguous
Describing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved the summary judgment granted by the trial court.
Hearings set for trio charged in southside Indy explosion
Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.