Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
Interrupted coverage: In tangle over insurance terms, businesses’ and nonprofits’ COVID interruption claims being denied
Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.Read More
Indiana House approves COVID-19 liability protection bill
The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.Read More
Family sues nursing home after father’s death during pandemic
Hoosier Ken Burgin is honoring his late father, Kenneth “Butch” Burgin, by advocating on his behalf after Butch’s unexpected death just two months after becoming a resident at an Owen County nursing home last year.Read More
Advocates for nursing home residents say they worry a new Indiana law expanding COVID-19 liability protections for health care providers will effectively block many lawsuits over neglect and substandard treatment that weren’t caused by the pandemic.
Around central Indiana, employers are offering plenty of incentives to encourage their workers to get vaccinations as part of an effort to keep their office towers, stores, warehouses and factory floors safe for co-workers and visitors. But few, if any, are requiring workers to get vaccinated.
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
The U.S. Supreme Court on Monday rejected an appeal from a woman who says she was raped as a West Point cadet, with Justice Clarence Thomas alone arguing that the court should have heard her case.
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
In what one justice described as an “emerging area of law,” the Indiana Supreme Court recently issued an opinion that insurance lawyers say provides, for the first time, concrete guidance in Indiana on how far computer fraud insurance can extend against hacks.
In answering a certified question from a federal judge, the Indiana Supreme Court held Wednesday that store managers who are not directly involved in a patron’s injury on store property cannot be held liable for negligence under Indiana law.
The Indiana Product Liability Act (IPLA) can prove confusing for litigants unfamiliar with its many nuances. While the burden of proving duty, breach, causation, and damages rests with the plaintiff in a civil action, in practice, defense attorneys are often tasked with extricating a defendant that has no duty of care with respect to the specific claims brought against it.
Casino giant Caesars Entertainment Inc. is putting its losses because of the coronavirus pandemic in 2020 at more than $2 billion, and is suing a long list of insurance carriers it accuses of balking at paying its business interruption costs at its casinos in Indiana and across the nation.
The CEOs of tech giants Facebook, Twitter and Google faced a grilling Thursday in Congress as lawmakers tried to draw them into acknowledging their companies’ roles in fueling the January insurrection at the U.S. Capitol and rising COVID-19 vaccine misinformation.
Neither an insurer nor a claimant was entitled to summary judgment in a dispute over coverage of a ransomware attack, the Indiana Supreme Court has ruled, sending the case back to the trial court.
Indiana businesses and others now have broad protections from lawsuits by people blaming them for contracting COVID-19 under a new state law signed by Gov. Eric Holcomb.
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
As new vehicle models are released each year, automated driving technologies become increasingly available to consumers. Experts say attorneys will need to familiarize themselves with the evolving technology to be equipped for future cases and how it may fundamentally change their practices.
Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.