Insurance dispute divides Court of Appeals
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
Tenant and Landlord Dispute
Articles
Mom can’t receive damages based on daughter’s injuries caused by mold
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
Owner of Anderson location yanks suit against Motel 6
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t – withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
Landlords timely delivered itemized damages notice to former tenants
The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.
COA: Insurer has no liability for dog bite injuries
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
COA reversal: Property manager can’t keep renter’s late fees
A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
Sub shop’s appeal 86’d by court
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
Trouble with the Curves: Ex-husband still owes for franchise’s default
A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.
COA orders continuation of insurer’s case against tenant
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
Woman evicted from apartment denied due process
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.