Insurance policy v. public policy
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Congress passes bill easing small business health law rules
Congress approved bipartisan legislation Thursday aimed at preventing premium increases that some smaller businesses were expecting next year under President Barack Obama's health care law.
Company’s recordings not considered ‘publication’
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
Court: Policy required notice to title insurance company
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
Successor owner must pay more to unemployment insurance
A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.
Reversal: Insurer’s acceptance of payment reinstated policy
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
Denial of disability benefits remanded for better explanation
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
Insurer off hook in Indy strip club shooting
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
Rehearing finds defendant can raise additional defenses
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
Judge tired of discovery spats in airport insurance dispute
The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.
Defense calls 1 witness in Indianapolis home explosion trial
More than 160 witnesses testified for the prosecution in the month-long trial of a man accused of planning a home explosion that gutted an Indianapolis subdivision in 2012, killing two neighbors.
Agents testify insurance was increased before home explosion
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
7th Circuit rejects second challenge at ACA contraception mandate
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
Key Indianapolis home blast witness tells of failed tries
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend’s trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
Justices decline to make bright-line rule on admission of coverage limits
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
COA widens class-action suit against Lincoln National
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
Certified question regarding Patient’s Compensation Fund dismissed
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
Justices author dissents in appeal denials
The Indiana Supreme Court won’t hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
Justices adopt ‘any insurance’ approach in subrogation dispute
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.
Justices rule in favor of Anthem in excess insurance disputes
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.