Opinions April 23, 2015

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:

WellPoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, AIG Europe (U.K.) limited, New Hampshire Insurance Co. et al. 

49S05-1404-PL-244 

Civil plenary. Holds as a matter of law that Anthem's losses resulted from alleged wrongful acts that occurred solely in the rendering or failure to render professional services and thus fall within the policy's insuring agreement; that the relief Anthem seeks is insurable under the policy and Indiana law; and that, with respect to Anthem's settlement losses resulting from three lawsuits, the exception to Exclusion (b) obviates its application. Anthem is entitled to the coverage, including coverage for defense costs, under Coverage II of its policies with the excess reinsurers, except for its settlement losses resulting from Connecticut State Medical Society’s claims.  Reverses and, except for Anthem's losses resulting from CSMS's claims and Anthem's bad faith claim, enters summary judgment in favor of Anthem for its costs of settling the underlying litigation and remands to the trial court for further proceedings consistent with this opinion. 

 

Thursday’s opinions

Indiana Court of Appeals

J.B. v. State of Indiana 

49A02-1409-JV-688 

Juvenile. Affirms determination that J.B. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult. There were no federal or state constitutional violations by admitting evidence obtained during J.B.’s encounter with a police officer. 

 

Old National Bank v. Steven Kelly, Jon A. Cook, and Rebecca F. Cook, individually and on behalf of others similarly situated 

82A01-1406-CT-234 

Civil tort. Affirms in part and reverses in part summary judgment for the bank on claims that it re-ordered transactions in order to maximize the amount of overdraft fees it can charge customers. The bank is not entitled to summary judgment on the state claim of breach of duty of good faith and fair dealing, but is entitled to summary judgment on the unjust enrichment, unconscionability and conversion claims. 

 

Travis Ley v. State of Indiana (mem. dec.) 

84A05-1405-CR-206 

Criminal. Affirms denial of motion for discharge under Ind. Criminal Rule 4(C) and denial of Ley’s motion to correct error requesting a new trial based on juror misconduct. 

 

N.B. v. State of Indiana (mem. dec.) 

49A04-1410-JV-457 

Juvenile. Affirms true finding that N.B. committed what would be auto theft as a Level 6 felony if committed by an adult. 

 

Yovanda R. Vaughn, individually and as special representative of the Estate of Anderson Vaughn, Jr., deceased v. Christopher T. Haughn, M.D., Evansville Surgical Associates, et al. (mem. dec.) 

82A05-1408-CT-393 

Civil tort. Affirms grant of the defendant’s motion to strike Vaughn’s expert witness and the motion for summary judgment. 

 

Christopher Underwood v. State of Indiana (mem. dec.) 

10A05-1405-CR-234 

Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter the judgment as a Class B misdemeanor battery and resentence Underwood accordingly. 

 

Eric Lynn v. State of Indiana (mem. dec.) 

49A02-1410-CR-710 

Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.