Justices to hear arguments on 2 transfer petitions
The Indiana Supreme Court will hear arguments in two cases this week, considering whether to grant transfer to disputes involving college athletes and police interrogations.
Insurance
Articles
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
Plews and Gotwald: Contra proferentem — A bedrock of insurance coverage law
For more than 100 years, the principle that if a policy term is ambiguous it is construed against the insurer and in favor of the policyholder and coverage — known as “contra proferentem”—has been a foundation of Indiana’s insurance-coverage jurisprudence. The reasons supporting this rule are still as strong as ever.
Jones: The ‘torrent’ that wasn’t: COVID-19 coverage cases
It’s been a little over a year since I first heard the term “COVID-19.” Back then, like many others, I thought Indiana would see a large number of suits attempting to force insurers to cover the myriad losses that resulted from the pandemic and its associated shutdowns. While there were some significant matters filed last year, to date, no Indiana state or federal case regarding COVID-19 insurance coverage has reached a decision on the merits.
Wagner: Policy endorsements may unlock COVID-19 coverage
When restaurants forced to close due to COVID-19 turned to their insurers to offset their losses because they were unable to use their property as intended, many of us thought the prospects for coverage were good, especially under policies that did not have virus exclusions. But the insurance industry response was fierce.
Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
7th Circuit certifies 2 med-mal questions to Indiana Supreme Court
The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
Anthem paying $594M to settle antitrust litigation, but deal terms might fuel growth
Some investment analysts and health care observers say changes to Blue Cross Blue Shield rules that are stipulated in a half-billion-dollar settlement are so favorable to Indianapolis-based Anthem’s growth prospects that they view the deal as a huge win for the company.
COA affirms for general contractor in Lake County traffic construction dispute
A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.
New Biden health care orders begin to unspool Trump policies
President Joe Biden will act Thursday to get more people health insurance in the middle of the raging coronavirus pandemic, a down payment on his pledge to push the U.S. toward coverage for all.
7th Circuit extinguishes fraudster-arsonist’s appeal
A convicted insurance fraudster whose M.O. was arson has lost his appeal of his mail fraud convictions, with the 7th Circuit Court of Appeals rejecting his argument that evidence of arson was improperly admitted at his fraud trial.
Groth: Insurance strategies for transportation companies
Steve Groth offers some suggestions that might help transportation companies lower their overall risk management costs.
Five from Indianapolis area sentenced to federal prison in $8.4M fraud scheme
A Zionsville business owner and four others from the Indianapolis area have been sentenced to federal prison for participating in an $8.4 million fraud and money-laundering scheme, the U.S. Department of Justice announced Friday.
Conseco settles life insurance class action for $27M
A nationwide class action against an Indiana insurer that alleged more than 3,600 policyholders were overcharged for premiums has been resolved through a $27 million settlement, plaintiffs’ attorneys said Friday. The settlement provides that each class member will receive at least $500, but most will receive $1,000 or more.
Congress seals agreement on $900 billion COVID relief bill
Top Capitol Hill negotiators sealed a deal Sunday on a $900 billion COVID-19 economic relief package, finally delivering long-overdue help to businesses and individuals and providing money to deliver vaccines to a nation eager for them.
DTCI: Justin K. Curtis: Assignment of Claims for Recoverable Depreciation
Many states have not addressed the situation where a policyholder attempts to assign rights and benefits that the policyholder is not yet entitled to — either because they have yet to satisfy certain conditions under the policy or because the claim has not been reduced to a fixed and certain amount (“contingent benefits”).
IU Health’s Chambers becomes first in-house counsel to serve as DTCI president
Kori Chambers begins her year as president of the Defense Trial Counsel of Indiana seeking a smooth transition during a challenging era. She plans to continue the proposition championed by outgoing DTCI President Donald Smith that defense lawyers get a good bargain through their affiliation with the organization.
COA affirms for property opener who canceled storm repair contract
The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.
High court seems likely to leave to health care law in place
The Supreme Court seemed likely Tuesday to leave in place the bulk of the Affordable Care Act, including key protections for pre-existing health conditions and subsidized insurance premiums that affect tens of millions of Americans.
Biden defends health care law as high court mulls its fate
President-elect Joe Biden is championing the Obama administration’s signature health law as it goes before the Supreme Court in a case that could overturn it.