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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were published after IL’s deadline Wednesday:
7th Circuit Court of Appeals
James Walters, on behalf of himself and others similarly situated, v. Professional Labor Group LLC
23-3346
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s granting of summary judgment to James Walters and similarly situated employees of Professional Labor Group LLC in their liability complaint against the company. Finds there is no genuine dispute as to any material fact that PLG violated the Fair Labor Standards Act by failing to compensate its employees for their time spent traveling to overnight assignments during normal working hours.
Indiana Supreme Court
William Loomis v. ACE American Insurance Company
24S-CQ-69
Certified questions. Answers no to two certified questions from the Second Circuit Court of Appeals. Finds an insurance policy that provides automobile liability insurance in excess of a retained limit, as opposed to a primary policy, shall be construed in favor of the insured because the phrase, “commercial excess liability policy,” under Indiana law is ambiguous. Also finds, an insurer has a statutory obligation to provide UIM coverage—regardless of an imposition of a retained limit as a condition precedent—because the operative phrase, “limits of liability,” under Indiana law is ambiguous and thus must be construed in favor of the insured. Justice Geoffrey Slaughter dissents with separate opinion in which Justice Derek Molter joins. Attorneys for appellant William Loomis: Michael Longstreet, Daniel Pfeifer. Attorneys for appellee, ACE American Insurance Company: Matthew Gutwein, Alexander Pantos, Kurt Mullen , Michael de Leeuw. Attorney for amicus curiae, Indiana Trial Lawyers Association, Scott Faultless.
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