Bad Start, Big Wreck: How Business Deals Spin Out at the Starting Line
In business transactions, a letter of intent is often treated like a soft opening. That is a mistake. An LOI is usually the first document that reveals whether the parties actually understand the deal they are trying to make. A simple LOI does not mean a simple transaction. In fact, many of the most difficult […]
Indiana Court of Appeals Upholds Setoff for Underinsured Motorist Payment Against a Policy’s Total Per Occurrence Limits
Cline v. Everest Nat. Ins. Co., 2026 Ind. App. LEXIS 176 (Ind. Ct. App. 2026) Two employees of a company were seriously injured in an automobile accident caused by an underinsured motorist. Their employer possessed a commercial automobile policy with Everest National Insurance Company (“Everest”) that provided $1 million dollars per accident underinsured motorist (“UIM”) […]
Wisconsin Mock Trial Insights: Federal vs. State
Whether or not you currently have cases pending in Wisconsin, the insights from our recent mock trial work there are worth a close look. In the past thirty days alone, we completed two mock trials — one in federal court and one in state — and the results surfaced some valuable lessons. What follows is […]
Indiana Supreme Court Recognizes Interpleader “Safe Harbor” for Insurers Confronted by Multiple Claims That Exceed Liability Policy Limits
Baldwin v. Standard Fire Ins. Co., 2025 Ind. LEXIS 680 (Ind. 2025) The Indiana Supreme Court recently provided crucial guidance for insurers facing multiple claims that exceed available liability policy limits. The Indiana Supreme Court described the predicament that insurers encounter in these situations: When insurance coverage is insufficient to satisfy multiple claimants, […]
Indiana Court of Appeals Applies Bailee Coverage Statute to Determine Priority of Underinsured Motorist Coverage
Erie Ins. Exch. v. State Farm Mut. Auto. Ins. Co., 2025 Ind. App. LEXIS 211 (Ct. App. June 30, 2025) When a single loss may trigger coverage under more than one policy, the key question often becomes: which insurer is first in line? That familiar dispute played out again in Erie Ins. Exch. v. State […]
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 […]