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 […]
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 […]
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 […]
A Case Study: Postnuptial Agreements in Estate Planning
I recently met with new estate planning clients who moved to Indiana from New Mexico about two years ago. It started as a straightforward consultation for a married couple in their mid-70s: A first marriage for both spouses (going on 50 years!), they had two children together, and they have one grandchild. As we began […]
Acknowledging Implicit Bias to Support a Culture of DE&I
Diversity, equity and inclusion has been a major topic of discussion in recent years. Organizations such as the American Bar Association and the National Association for Law Placement have made efforts to advocate for diversity, equity and inclusion in the legal profession by working to educate those in the profession, as well as students who […]
A Few Things on the Minds of Lawyers Everywhere
In recent years, following return to work from the COVID-19 pandemic, we have begun to be able to return to in-person bar association meetings and seminars. In 2022, the singular issue on the minds of lawyers was the issue of return-to-work and how law firms would adjust to the demands for remote work. Law firm […]
Legislation Update: Two New Indiana Statutes Will Impact Tort and Insurance Cases
During the 2023 legislative session, the state of Indiana passed two statutes of great interest to those who practice in the tort and insurance arena. Both took effect July 31, 2023. We bring them to your attention and encourage you to read the statutes. If any of us at Lewis Wagner may answer any […]
