Articles

Rental car insurance policy excludes UIM coverage

The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.

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Judge wants state to discard ‘archaic’ coverture fraction

The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.

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Court affirms in part lien priority ruling

A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.

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Judges split over reversal of drug conviction after inventory search

Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.

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COA: Causation questions remain in med-mal suit

A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.

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Amended statute confuses trial court

A trial court misinterpreted an amended statute regarding power of attorney, the Indiana Court of Appeals ruled in giving a son the ability to look at his mother’s finances.

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