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The Indiana Supreme Court is inviting amici briefs to be submitted on the question of whether it should clarify or modify its framework regarding motions for judgment on the evidence.
The court is accepting amici briefs in the case — Christine Cosme and Roy Cosme v. Debora A. Warfield Clark, Dan Churilla d/b/a Churilla Insurance, and Erie Insurance Exchange, 22A-CT-1897 — through Nov. 16.
In a memorandum decision handed down in March, the Court of Appeals of Indiana affirmed the denial of Christine and Roy Cosme’s motion to correct error, which was filed after the Lake Superior Court granted Churilla Insurance and Erie Insurance Exchange’s motion for judgment on the evidence.
In September 2017, the Cosmes were notified by a letter from Erie that their automobile insurance policy would be canceled if they failed to submit paperwork excluding their then-19-year-old son, who had a suspended driver’s license, from their insurance policy.
The Cosmes decided not to submit the requested paperwork, so their insurance was canceled.
Less than a week later, they were involved in an accident. Erie denied their subsequent claim.
The Cosmes then sued the other driver involved, Erie and their insurance agent, Dan Churilla. The latter two defendants moved for judgment on the evidence, which the trial court granted.
The Cosmes are now seeking transfer, which some of the appellees are opposing.
The high court is accepting amici briefs on the question of whether it should clarify or modify the framework articulated in Purcell v. Old National Bank, 972 N.E.2d 835 (Ind. 2012), as it relates to the standard a trial court should apply when deciding whether to grant a Trial Rule 50(A) motion, and the standard of review an appellate court should apply when reviewing the trial court’s decision to grant or deny a Trial Rule 50(A) motion.
Those wishing to file a brief must file a motion for leave to appear as amicus and tender a proposed brief by Nov. 16. Briefs cannot exceed 4,200 words and must be accompanied by the verified statement of word count.
Both parties may file a single response brief addressing any and all amicus briefs whose arguments they oppose by Nov. 30. Those briefs also cannot exceed 4,200 words.
The high court will be hearing oral arguments on petition to transfer in the case at 9 a.m. Dec. 14 in the Supreme Court Courtroom.
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