Court upholds summary judgment in favor of New Castle
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
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Justices divided on whether accident is covered by policy
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
Supreme Court upholds unemployment insurance decision
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.
Appellate court rules on insurance coverage case
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
Appellate court cites claim-splitting, res judicata in rejecting appeal
In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.
Court relies on equitable estoppel determination test
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
Supreme Court to hear Affordable Care Act challenges
In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.
COA allows insurance dispute to proceed
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
7th Circuit rejects egg farm’s arguments
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
Appellate court reverses summary judgment for insurer
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
Indiana asks U.S. Supreme Court to take health care law challenge
Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
Justices vacate transfer of insurance case
By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.
Justices take 3 cases
The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.
COA: Insurance policy covers deputy killed while directing traffic
The Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana Court of Appeals affirmed.
COA splits on whether Dreaded decision requires judgment for insurer
In a dispute over whether an insurer was required to pay pre-notice costs for environmental cleanup, the Indiana Court of Appeals was divided over whether the Indiana Supreme Court ruling Dreaded v. St. Paul Guardian Insurance was distinguishable from the instant case.
7th Circuit upholds denial of class action, statutory damages
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
Workers’ comp cases question line between employer liability and employee responsibility
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
Hospital doesn’t owe attorney any contingency fees
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
Justices rule on lawyer liablity coverage case
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.