Articles

Insurer who paid wrong party doesn’t have to pay correct one

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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Rucker likely to leave Supreme Court in 2017

Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O’Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.

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Surgery centers sue No.1 insurer UnitedHealthcare

Several Indiana surgery centers are suing the nation’s largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers’ doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word “pay” means.

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Appraiser has no duty of care to real estate seller

The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.

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Justices deadlock 2-2 on transfer in two cases

The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court’s list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.

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Vanderburgh work release program takes on new direction

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff’s office and the county’s treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

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Southern District proposes mandatory pro bono

A proposed rule change would for the first time obligate lawyers to provide mandatory pro bono service to litigants in civil cases filed in the U.S. District Court for the Southern District of Indiana, the court announced Friday.

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