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.

Read More

Opinions Jan. 21, 2016

Indiana Supreme Court
Kastin E. Slaybaugh v. State of Indiana
79S02-1601-CR-28
Criminal. Grants transfer to expressly adopt and incorporate by reference the Court of Appeals opinion in which it affirmed the denial of Slaybaugh’s motion for a mistrial. He alleged juror misconduct because a juror who had denied knowing the victim or her family was a “Facebook” friend with a relative of the victim. The juror testified she was a Realtor and had many “Facebook” friends for networking purposes and did not know the victim or her family, which the trial court accepted she was being truthful.

Read More

Emmis sues insurer over $4M in legal fees

Emmis Communications Corp. has filed breach-of-contract suit against a New York-based insurance company for refusing to cover any of the more than $4 million in legal fees the media company accumulated in a long-running court battle with preferred shareholders.

Read More

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the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.

Read More

Opinions Jan. 20, 2016

Indiana Court of Appeals
Indiana Professional Licensing Agency and Indiana State Board of Dentistry v. Irfan A. Atcha, D.D.S.
49A02-1504-MI-197
Miscellaneous. Affirms in part and reverses in part the trial court’s finding that three dental advertising regulations are unconstitutional. The state properly restricted Dr. Atcha’s false and misleading claims implying he had a particular dental specialty and could provide better materials or superior service than other dentists. But the state may not compel a dentist to list on his advertisements every dentist in his practice. Remands for the board to reassess the penalty in light of this decision.

Read More

7th Circuit upholds convictions in attempted post office robbery

A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.

Read More