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Court of Appeals of Indiana
Erie Insurance Exchange v. Christine Cosme and Roy Cosme
No. 25A-CT-1439

Appeal from the Lake Superior Court, Judge Bruce D. Parent. The trial court found Erie Insurance Exchange liable for bad faith in failing to pay the Cosmes’ insurance claim following a rear-end collision. Despite a jury awarding the Cosmes over $8 million for damages related to the wreck and policy breaches, the trial court reduced the amount to approximately $3.6 million, citing the policy limitations as justification. The court upheld the denial of Erie’s motion for partial summary judgment, ruling that the Cosmes had sufficiently shown issues of material fact concerning Erie’s actions, and it allowed expert testimony categorizing Erie’s conduct as “opportunistic fraud.” Ultimately, the appellate court affirmed in part, reversed the reduction of breach of policy damages, and remanded for further consideration of total damages. Judge Felix authored the opinion, with Judges May and Mathias concurring. Appellant’s attorneys: Dina M. Cox, Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis, Indiana; and James P. Strenski, Tyler L. Jones, Drewry Simmons Vornehm LLP, Carmel, Indiana. Appellees’ attorneys: Angela M. Jones, Pillar Jones LLC, Crown Point, Indiana; Steven J. Sersic, Smith Sersic LLC, Munster, Indiana.

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Court of Appeals of Indiana
North River Insurance Company and RiverStone Claims Management LLC v. Landis+Gyr Technology, Inc.
No. 25A-PL-375

Appeal from the Tippecanoe Superior Court, Judge Randy J. Williams. Landis+Gyr Technology, Inc. sued North River Insurance Company and RiverStone Claims Management LLC for insurance coverage related to pollution remediation costs at a former manufacturing site. The trial court initially granted partial summary judgment in favor of Landis, awarding over $10 million. On appeal, the court reversed this decision, ruling that the North River policies did not apply under New York law due to the pro rata allocation approach, which would yield no liability for North River, as the damages did not exceed the policy’s attachment point. The court remanded the case for the entry of summary judgment for the defendants on all claims. Judge Vaidik authored the opinion, with Judges Mathias and Pyle concurring. Appellants’ attorneys: Erik Mroz, Elizabeth S. Straw, Drewry Simmons Vornehm LLP, Carmel, Indiana; Bryan H. Babb, Bradley M. Dick, Bose McKinney & Evans LLP, Indianapolis, Indiana; John D. LaBarbera, Bevin Carroll, Kennedys Law LLP, Chicago, Illinois. Appellee’s attorney: Brent W. Huber, Jenny R. Buchheit, Robert A. Jorczak, Ice Miller LLP, Indianapolis, Indiana.

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Court of Appeals of Indiana
Joel Thomas Meyer v. State of Indiana
No. 24A-CR-3025

Appeal from the Madison Circuit Court, Judge Angela Warner Sims. Meyer was found guilty of Level 1 felony attempted murder and Level 3 felony criminal confinement after severely attacking his fiancée. He appealed, claiming the officers’ warrantless entry into his home was unconstitutional and that the evidence was insufficient to support his convictions. The court affirmed his convictions, ruling that the officers acted reasonably under exigent circumstances due to visible blood and a history of domestic violence. The case was remanded for a correction in the judgment regarding the merger of the aggravated battery conviction into the attempted murder conviction. Judge Scheele authored the opinion, with Judge May concurring and Chief Judge Tavitas concurring in part. Appellant’s attorneys: Jennifer Jones Auger, Law Office of Jennifer Auger, Franklin, Indiana; Andrew J. Baldwin and Kinsey H. Chaney, Baldwin, Perry & Wiley PC, Franklin, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

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Court of Appeals of Indiana
In the Matter of the Termination of the Parent-Child Relationship of C.J.B. (Minor Child); A.B. (Father), Appellant-Respondent v. Indiana Department of Child Services, Appellee-Petitioner
No. 25A-JT-3154

Appeal from the Dearborn Circuit Court, Judge F. Aaron Negangard. A.B. (“Father”) appeals the termination of his parental rights to C.J.B. (“Child”), arguing that the trial court erred by denying his motion for a continuance of the fact-finding hearing while he was incarcerated. The court concludes that the trial court did not abuse its discretion in denying the motion and that the denial did not violate Father’s due process rights. Father failed to demonstrate good cause for the continuance, did not follow the procedural requirements, and his lack of communication further indicated a lack of interest in the proceedings. Chief Judge Tavitas authored the opinion. Judges Bailey and Foley concur. Appellant’s attorney: R. Patrick Magrath, West Sixth Law LLP, Madison, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.