Indianapolis couple’s insurer sues utility AES for $250K after live wire incident
The lawsuit accuses AES Indiana of failing to maintain an electrical utility line, causing the couple’s home to go up in smoke.
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Sprinkler company sued after office leak wins summary judgment from IN Supreme Court
The Indiana Supreme Court has reversed a trial court decision denying U.S. Automatic Sprinkler Corporation’s summary judgment motions in a property damage dispute. The court remanded the case for the entry of summary judgment in favor of the company.
COA: Homeowners should have read insurance certificates
In rejecting a Tippecanoe County couple’s claim their insurance company failed to honor the increase in their coverage limit, the Court of Appeals of Indiana told the homeowners they should have read their annual renewal certificates.
7th Circuit upholds denial of COVID insurance coverage to downtown Indy’s Conrad Hotel
Continuing a national trend, an Indianapolis hotel that suffered significant blows as a result of the COVID-19 pandemic did not prevail before the 7th Circuit Court of Appeals in its attempts to secure insurance coverage for its pandemic-related losses.
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.
Federal court dismisses claim by Conrad Hotel in downtown Indy for insurer to cover COVID-19 losses
An Indianapolis hotel that shut down temporarily – and at one point completely – last year due to plummeting occupancy rates during the height of the COVID-19 pandemic has struck out in a fight with its insurance company over a breached contract after a Southern Indiana District Court judge ruled for the insurer.
COA: Greenwood man who ‘disparaged’ trial judge must pay for settlement negotiations
The Indiana Court of Appeals has affirmed an order requiring a Johnson County man to pay his public adjuster for negotiating a settlement on his damaged home. The court found appellate review of his issues were waived, also noting with distaste his words about the trial judge in his case.
Insurance covers in wrongful death truck crash, COA rules
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.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
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.
Evolving law addresses coverage after hack
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.
Res judicata bars property owner’s insurance suit, COA rules
A trial court properly rejected a second lawsuit brought by a Gary property owner who had already sued its insurer for coverage in a previous case involving the same parties, losses and issues, the Indiana Court of Appeals ruled Wednesday.
Caesars puts pandemic losses at $2B, wants insurers to pay
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.
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.
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.
Appeals panel affirms judgment against Miami County in busted water line dispute
The Indiana Court of Appeals on Friday affirmed judgment against Miami County employees who caused more than $100,000 in damages to water lines that supplied the City of Peru during an attempted logjam removal.
Conrad Indianapolis hotel owners sue insurer over refusal to pay pandemic claims
The owner and operator of the high-end downtown Conrad Indianapolis hotel has sued its insurer for denial of millions of dollars in pandemic-related claims.
COA rules for insurer that declined to cover ransom paid to hacker
A Hoosier oil company that suffered monetary losses after a ransomware attack on its computer system did not convince the Indiana Court of Appeals that its insurance policy included coverage for such attacks.
Reversal: Columbus entitled to summary judgment on personal injury claim
The city of Columbus has succeeded in its efforts to win summary judgment on a woman’s personal injury claim, with the Indiana Court of Appeals reversing in the city’s favor and holding that the woman did not meet the notice requirements under the Indiana Tort Claims Act.
Ruling for insurer in $78K hacking case reversed in part
The Indiana Court of Appeals partially affirmed an insurance company’s first award of judgment in a computer hacking theft but reversed on the second after finding no conflict between the appellant’s deposition testimony and a statement in his affidavit.
Indiana high court won’t rehear landmark beach rights case
The Indiana Supreme Court has denied rehearing in its landmark ruling that Lake Michigan’s shoreline is open to all and property owners can’t exercise exclusive control of the beach between their homes and the water.