COURT FINDS ISSUE OF FACT WHETHER INSURER ACTED IN BAD FAITH BY INTERPLEADING ITS POLICY LIMIT RATHER THAN PAYING CLAIMANT’S SETTLEMENT DEMAND
Baldwin v. Standard Fire Ins. Co 2024 WL 3093500 (Ind. 2024) Insurers have long viewed interpleader as the go-to strategy and a safe harbor for avoiding accusations of bad faith when dealing with multiple liability claims exceeding policy limits. However, a recent decision from the Indiana Court of Appeals suggests that insurers may need to […]
Denver District Court Rules in Favor of Street Media Group, Highlights Unequal Enforcement by CDOT
Indianapolis, IN —August 22, 2024 Lewis Wagner, LLP, is pleased to announce a significant legal victory for its client, Street Media Group (SMG), in a lawsuit against the Colorado Department of Transportation (CDOT). The Denver District Court has ruled that CDOT engaged in preferential treatment towards Colorado’s largest billboard owners, to the detriment of smaller […]
23 Lewis Wagner Attorneys Selected as 2025 Best Lawyers in America
We are honored that for the past 20+ years, Lewis Wagner attorneys have consistently been recognized among the Best Lawyers in America, chosen through peer selection for their leadership within their respective practice areas. This year, we are thrilled to celebrate 23 colleagues who have been announced in the 2025 edition. The Best Lawyers designation […]
INDIANA COURT OF APPEALS AFFIRMS DECLARATORY JUDGMENT THAT PERMISSIVE USER OF AUTOMOBILE WHO LACKED A VALID DRIVER’S LICENSE, WAS EXCLUDED FROM LIABILITY COVERAGE UNDER THE OWNER’S AUTO POLICY
Wiley v. United Farm Family Mut. Ins. Co. Citation 2024 WL 335248 (Ind. Ct. App. 2024) The owner of a vehicle granted permission to Howard to operate her vehicle, and he was involved in an accident with Wiley. At the time of the accident, Howard did not have a valid driver’s license. Howard sought insurance […]
Important Update: Indiana Seat Belt Law Effective July 1, 2024
Buckle Up, Indiana Drivers and Insurers: New Seat Belt Law Now in Effect Indiana drivers and insurers, take note—there’s a new seat belt law that could impact future accident claims. Governor Holcomb recently signed into law House Enrolled Act No. 1090, which officially took effect on July 1, 2024. This law is applicable to all […]
Indiana Supreme Court Reverses Directed Verdict for Insurer on Breach of Contract and Bad Faith Claims
Cosme v. Clark 2024 WL 1987694 (Ind. 2024) Last month, the Indiana Supreme Court issued a decision holding that, “at the directed-verdict stage, the court can review whether inferences from the evidence are reasonable, but it cannot weigh conflicting evidence or assess witness credibility.” This newsletter discusses the Court’s decision only as it relates to […]
Lewis Wagner Welcomes Two New Attorneys
Lewis Wagner is thrilled to welcome two new attorneys to our litigation practice groups. Michael R. Watkins joins as an associate specializing in labor and employment litigation, with a primary focus on complex tort and professional liability. A graduate of the University of Toledo, Michael holds degrees from both Cleveland State University’s College of Law […]
Indiana Court of Appeals Applies “Dishonest Act” and “Unexplained Disappearance” Exclusions in Employer’s Claim That Former Employee Stole Missing Tools
Williams v. Pekin Ins., Inc. 2024 WL 901885 (Ind. Ct. App. 2024) A contractor entrusted tools to its employee but demanded their return when his employment ended. When the employee failed to do so, the contractor reported the tools as stolen and sued the former employee for replevin. The former employee returned some tools, but […]
Court of Appeals Affirms Judgment for Insurer That COVID-19 Caused No Direct Physical Loss or Damage to College Campus
Trustees of Purdue Univ. v. Am. Home Assurance Co. 2024 WL 822503 (Ind. Ct. App. 2024) Does an insurance policy that covers “all risks of direct physical loss” to property provide broader coverage than a policy that only covers “direct physical loss” to property? The Indiana Court of Appeals recently answered that question in the […]
Dina M. Cox Named Managing Partner of Lewis Wagner
Lewis Wagner is pleased to announce the election of Dina M. Cox as Managing Partner. This will be Dina’s second term, having previously served in 2018 and 2019, when she became the firm’s first female in the position. In her renewed capacity, she will lead the firm’s Executive Committee, tasked with guiding strategic initiatives and […]
