Indianapolis-area insurance broker charged in $4M Ponzi scheme
Former insurance broker Brian Simms of Lebanon was arrested Wednesday after being charged with six counts of wire fraud by a federal grand jury.
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7th Circuit affirms ruling for insurer that prevented death of injured show horse
The 7th Circuit Court of Appeals has affirmed a ruling for an insurance company that chose to save an injured show horse’s life despite its owner’s wishes.
COA: Insurance company cannot swerve around state’s UIM Statute
A worker injured in a car accident while on the job will receive payment from his insurance company after the Court of Appeals of Indiana found the policy provision which reduced coverage by the amount paid on a workers’ compensation claim payment did not comport with the state’s underinsured motorist statute.
Insurer wrongly denied $10K to woman after crash, COA rules
An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.
Fight for COVID interruption coverage continues
Attorneys representing businesses fighting their insurance carriers over interruption insurance claims are continuing to argue over the meaning of “physical loss and damage,” but some are also contending that the losses linked to COVID-19 are covered when the policy does not contain a virus exclusion provision.
COA to hear arguments in 3 cases Tuesday
The Court of Appeals of Indiana is preparing to hear arguments in cases involving solar farms, imminent domain and insurance coverage next week.
7th Circuit finds for insurance company in adjuster’s game of chess
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”
Angry trial judge calls for changes to civil litigation system: Insurance companies faulted for pursuing frivolous claims
By the third paragraph of the April order granting summary judgment to the defendants, Carroll Circuit Judge Benjamin Diener showed his frustration by declaring, “The civil litigation process in Indiana is broken.”
Former Seven Corners employee sentenced for role in fraud scheme
A former employee of Carmel-based Seven Corners Inc. has been sentenced to 30 months in federal prison for her role in a scheme that defrauded the insurance company out of more than $588,000.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
7th Circuit finds insurance co. has to defend USA Gymnastics against Nassar-related claims
A split 7th Circuit Court of Appeals panel has affirmed Liberty Insurance Underwriters Inc. must defend USA Gymnastics against the lawsuits filed by the athletes and affiliated gyms arising from Larry Nassar sexually assaulting hundreds of girls and young women over decades.
Indiana Supreme Court reverses ruling on MCS-90 endorsement
A trucking company and its driver involved in a fatal collision will not be able to rely on the insurance company’s MCS-90 endorsement after the Indiana Supreme Court ruled the coverage does not apply to an accident during an intrastate trip where non-hazardous materials were being transported.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
7th Circuit upholds dismissal of trailer company’s suit against insurer
A trailer company’s lawsuit brought against its insurer after the company was sued by a competitor for a breach of contract was properly dismissed, the 7th Circuit Court of Appeals has affirmed.
IRT can’t claim coverage for COVID-related losses, appellate court affirms
Despite the “dire” financial downturn caused by COVID-related business closures, the Indiana Repertory Theatre cannot claim loss-of-use coverage under its insurance policy because the theater was not physically damaged, the Court of Appeals of Indiana has affirmed.
Federal court rules losses suffered by Patachou restaurant not covered by insurance
The Patachou restaurants in Indianapolis and Carmel will not be able to recoup their financial losses from the COVID-19 shutdown in the spring of 2020 after a federal court found the insurance policy they held only reimbursed for damage to the actual brick and mortar structures.
COA: Roadside tech struck by tire entitled to underinsured-motorist benefits
An auto insurance company couldn’t convince the Court of Appeals of Indiana to change its mind about allowing a roadside assistance worker to receive underinsured-motorist coverage after he was injured while working.
2-year limit on uninsured motorist claim not against public policy, COA rules
The Court of Appeals of Indiana has affirmed the grant of summary judgment to an insurance carrier that denied a claim for uninsured motorist coverage, finding the claim was untimely and the two-year statute of limitations was not against public policy.
South Carolina lawyer Murdaugh denied bond on $3M theft charges
A judge denied bond Tuesday for South Carolina lawyer Alex Murdaugh, saying the attorney’s considerable financial resources and mental instability appear for now to make it too risky to allow him to await trial outside of jail on charges he stole $3.4 million in insurance money meant for the sons of his housekeeper.
COA: Insurer has duty to defend bars and owners following vehicle accident
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.