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.
Insurance
Articles
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.
7th Circuit: no liability insurance coverage for associate’s error
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
Durham, other guarantors must post collateral on bond
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
Judges affirm reduction of subrogation lien
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
Indy archdiocese can’t collect sex-abuse legal fees from insurer
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
Majority sides with hotel in lawsuit stemming from molestation
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
Justices rule in favor of insurer in dispute over canceled policy
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
CVS to pay $400k to state over illegal billings to Medicaid
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
DWD, prosecutor team up to target unemployment insurance fraud
Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.
Certain religious organizations may not have to provide contraceptives
Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.
7th Circuit grants injunction in company’s suit against providing employees contraceptives
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
7th Circuit orders SSA take another look at woman’s case
Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.
Looking forward: DTCI and the insurance industry
When I look to the future, I see storm clouds gathering on the horizon because one of the industries our defense counsel represents has chosen a course that will ultimately cause damage to itself in the future.