Insurer not entitled to rescind home insurance policy
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
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Issue of fact precludes summary judgment in insurance case
Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.
Judge rejects plea for former physician
U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.
Justices dismiss appeal
The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.
COA to hear arguments at Ivy Tech campuses
The Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery case.
COA reverses judgment in title insurance issue
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
COA to hear arguments in LaPorte
The Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
Judges split on whether 2 insurers must pay for damage
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
High court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
Judges affirm insurer has no duty to defend
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
COA adopts common-sense rule on providing insurance policies
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
High court takes 4 cases
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
Court reverses class certification in hail-damage action
The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.
Federal act preempts state law claims
The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Judges reverse dismissal of application to adjust claim
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
Court hits on 2 first impression issues about prejudgment interest
The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.
Justices reaffirm uniform-contract interpreation approach
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
Circuit Court reverses insurance case
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
High court denies rehearing
A split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general liability policy.
Opinion regarding insurance company considers definition of ‘ever’
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”