Opinions Jan. 4, 2018

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Indiana Court of Appeals
John Pelliccia, M.D. v. Anthem Insurance Companies, Inc.

49A02-1705-PL-1080
Civil plenary. Reverses the grant of summary judgment in favor of Anthem Insurance Companies, Inc. Finds the language of Anthem’s policy clearly provides the effective date of the termination of Dr. John Pelliccia’s health insurance coverage for nonpayment of one premium was Jan. 3, 2015. Also finds Anthem was required to abide by its policy with respect to covered medical expenses Pelliccia incurred before Jan. 3, 2015. Finally, finds Pelliccia’s bad faith claim against Anthem remains pending. Remands for Pelliccia’s motion for partial summary judgment to be granted.

Robert Fitzsimmons v. State of Indiana (mem. dec.)
71A03-1707-CR-1629
Criminal. Affirms Robert Fitzsimmons’ conviction of Class A misdemeanor domestic battery. Finds there was sufficient evidence to sustain Fitzsimmons’ conviction.

Maman Bachir Dankassoua v. State of Indiana (mem. dec.)
49A05-1706-CR-1370
Criminal. Affirms Maman Bachhir Dankassoua’s conviction of Level 1 felony child molesting and his 25-year sentence. Finds there was sufficient evidence to sustain Dankassoua’s conviction, and that the sentence is not inappropriate.

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