Lewis Wagner Names Lynsey F. David as Partner, Welcomes Three New Associates
Lewis Wagner congratulates attorney Lynsey F. David for being named partner and welcomes three new associates to the firm’s litigation practice groups. New partner Lynsey David is a member of the transportation practice group. Lynsey earned her J.D. cum laude from the University of Kentucky College of Law, where she served as the Trial Advocacy […]
Indiana Court of Appeals Rules Insurance Policy’s Lead Exclusion Unambiguously Barred Coverage
Indiana Farmers Mut. Ins. Co. v. HomeWorks Management Corp., 2022 WL 17825975 (Ind. Ct. App. 2022) Parents claimed their children suffered respiratory problems because of lead-based paint and dust in the home they rented. The parents filed a lawsuit against the management company and owners of the rental home. The owners submitted a claim to […]
“No Pay, No Play” Statute Bars Uninsured Motorist From Recovering Noneconomic Damages From At-Fault Motorist
Jones v. Lofton 2022 WL 17840259 (Ind. Ct. App. 2022) Indiana is one of a minority of states that has enacted what is commonly called a “No Pay, No Play” statute. Indiana’s version of the statute (which is, in fact, two statutes) bars “an uninsured motorist with a previous violation” of failing to provide proof […]
Court of Appeals Holds That Subcontractor’s Insurer Had Duty to Defend but Not Indemnify General Contractor
Scottsdale Ins. Co. v. Harsco Corp. 2022 WL 17087036 (Ind. Ct. App. 2022) Harsco Corporation (“Harsco”) contracted with PPL Montour Company (“PPL”) to build and maintain an elevator at a PPL worksite in Pennsylvania. Harsco subcontracted with Metro Elevator Company (“Metro”) to lease and install the elevator. Consistent with the subcontract, Metro’s commercial general liability […]
Indiana Federal Court Holds That “Professional Services” Exclusion Did Not Relieve Insurer of Duty to Defend Landfill Against Nuisance and Negligence Claims
Savers Prop. & Cas. Ins. Co. v. Rockhill Ins. Co. 2022 WL 9461874 (S.D. Ind. 2022) In Savers Prop. & Cas. Ins. Co. v. Rockhill Ins. Co., county residents sued a nearby landfill, claiming they and their properties were being harmed by noxious odors, pollutants, and contaminants originating from the landfill. The landfill sought coverage […]
Seventh Circuit Holds Insurer Did Not Breach Policy or Act in Bad Faith By Treating Rather Than Euthanizing Show Horse
Greenbank v. Great Am. Assurance Co., 2022 WL 3754722 (7th Cir. 2022) Julie Greenbank purchased an athletic show horse named Thomas. Greenbank obtained a mortality insurance policy from Great American Assurance Company that provided coverage in the event of Thomas’ death or his “authorized humane destruction.” The policy defined “authorized humane destruction” as “the intentional […]
Seventh Circuit Court of Appeals Affirms Indiana District Court Finding No Coverage for COVID-19 Business Interruption Claims
Circle Block Partners v. Fireman’s Fund Ins. Co. 2022 WL 3401535 (7th Cir. 2022) The Seventh Circuit Federal Court has weighed in on whether business owners’ claims for business interruption losses from the COVID-19 pandemic are covered under business policies. The owners of the Conrad Hotel in Indianapolis submitted a claim to its insurer seeking […]
Record Number of Lewis Wagner Attorneys Selected for The Best Lawyers in America 2023
Lewis Wagner is thrilled to announce a record number of the firm’s attorneys have been selected for inclusion in The Best Lawyers in America 2023, including Matthew W. Conner, Dina M. Cox, Richard K. Shoultz, and John C. Trimble who were each selected as the Indianapolis Lawyer of the Year in their respective practice areas. This designation […]
Lewis Wagner Partner John C. Trimble Named Among Indiana’s Most Influential Leaders in IBJ’s Inaugural Indiana 250 List
Lewis Wagner is proud to announce that partner John C. Trimble has been named to the Indianapolis Business Journal’s inaugural Indiana 250 list—which recognizes the most influential business leaders in Indiana, across multiple industries. These individuals were nominated by fellow Hoosiers, and ultimately selected by IBJ Media leadership, after consulting with business and community leaders, […]
Indiana Supreme Court Holds That Insurer Lacked Duty to Defend Bar Against Injured Motorists’ Lawsuit Stemming from Bar Expelling Intoxicated Patron
Ebert v. Illinois Cas. Co., 2022 WL 2166233 (Ind. 2022) In September 2021, we reported on the Indiana Court of Appeals’ decision in this coverage dispute, which stems from a drunk driving accident. A bar called Big Daddy’s served alcohol to William Spence, who was later told to leave the bar by an off-duty bouncer […]
