Indiana Supreme Court Holds That MCS-90 Endorsement Does Not Apply to Motor Carrier’s Intrastate Travel
Progressive Southeastern Ins. Co. v. Brown, 2022 WL 575417 (Ind. 2022) In June 2021, we reported on the Indiana Court of Appeals’ decision in this matter, which concerns the MCS-90 endorsement. The MCS-90 endorsement is required by federal law to be included in insurance policies issued to motor carriers operating under the regulations of the United […]
Seventh Circuit Court of Appeals Determines Competitor’s Lawsuit Alleging Insured Created a “Knock-off Trailer” Was Not an Advertising Injury Entitled to Coverage
The Aluminum Trailer Company d/b/a ATC Trailers v. Westchester Fire Ins. Co., 2022 WL 278614 (7th Cir. 2022) Aluminum Trailer Company d/b/a ATC Trailers (“ATC”) was sued by Sidi Spaces, LLC d/b/a BizBox (“BizBox”) for breach of contract and tortious interference with its business expectancies. BizBox alleged that ATC manufactured and sold a “knock-off” trailer […]
Indiana Court of Appeals Holds That COVID-19 Shutdown Orders Did Not Satisfy “Direct Physical Loss or Damage” Requirement for Business Income Coverage
Indiana Repertory Theatre v. The Cincinnati Cas. Co. 2022 WL 30123 (Ind. Ct. App. 2022) After governments across the country issued shutdown orders in response to the COVID-19 pandemic in March 2020, insurers were flooded with claims from businesses seeking coverage for lost income. Insurers routinely denied the claims because the businesses had not sustained […]
Indiana Court of Appeals Holds Roadside Tech Entitled to UM/UIM Coverage Because He Was “Using” His Work Van While Changing Flat Tire on Customer’s Car
Auto-Owners Ins. Co. v. Shipley, 2021 WL 5707653 (Ind. Ct. App. 2021) Although auto policies generally extend liability coverage to anyone “using” a covered auto, they often limit uninsured/underinsured motorist (UM/UIM) coverage to individuals “occupying” a covered auto. However, in Indiana, like many states, a person who qualifies for liability coverage under an auto policy […]
Indiana Court of Appeals Upholds Insurance Policy’s Two-Year Suit Limitation on UM Claim
Napier v. Am. Family Mut. Ins. Co., 2021 WL 5291911 (Ind. Ct. App. 2021) In 2014 and 2015, Paula Napier was involved in automobile accidents with operators of uninsured vehicles. More than three years later, in 2019, Napier sued her auto insurer, American Family Insurance Company, seeking uninsured motorist (“UM”) benefits for the accidents. American […]
Indiana Court of Appeals Concludes That General Liability Insurer Owed Duty to Defend Bar in Lawsuit by Accident Victim After Intoxicated Bar Patron Was Expelled
Ebert v. Illinois Cas. Co., 2021 WL 3853062 (Ind. Ct. App. 2021) Illinois Casualty provided both general liability and liquor liability insurance policies to two bars, Little Daddy’s and Big Daddy’s. A patron consumed alcohol at Big Daddy’s and became intoxicated. Big Daddy’s was using a bouncer who was an employee of Little Daddy’s, which […]
Court Of Appeals Finds That “Insured Location” Did Not Extend to Nearby Parking Lot in Which Insureds Joyrode Golf Cart
Hoppe v. Safeco Ins. Co. of Indiana, 2021 WL 3137195 (Ind. Ct. App. 2021) In Hoppe, a minor was injured after falling off of a golf cart being driven by her friend, the minor daughter of the insureds, in the parking lot of an outdoor music venue across the street from the insureds’ home in […]
Indiana Court of Appeals Concludes That MCS-90 Endorsement Applies to Intrastate Motor Carrier Travel
Progressive Southeastern Ins. Co. v. B&T Bulk, LLC 2021 WL 1747897 (Ind. Ct. App. 2021) Interpretation and application of an MCS-90 Endorsement is an ever evolving line of judicial decisions. In this case, the Indiana Court of Appeals addressed and offered two important rulings. First, the Court determined that the MCS-90 Endorsement, in Indiana, applies […]
Court of Appeals Upholds Insurer’s Introduction of Medical Bills at UIM Trial Even Though Plaintiff Sought No Recovery for Those Bills
Gladstone v. West Bend Mut. Ins. Co., 2021 WL 1113900 (Ind. Ct. App. 2021) Plaintiffs’ attorneys, defense attorneys, and insurers have long quarreled about the admissibility of evidence for measuring medical damages in personal injury actions. Before the Indiana Supreme Court’s decisions in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009) and Patchett v. Lee, […]
Indiana Supreme Court Reverses Summary Judgment for Insurer in Coverage Dispute Over Ransomware Attack
G&G Oil Co. of Indiana v. Cont’l W. Ins. Co., 2021 WL 1034982 (Ind. 2021) It has been estimated that this year a business will fall victim to a ransomware every 11 seconds, causing up to $20 billion in damage.1 The Indiana Supreme Court’s decision in G&G Oil Co. of Indiana v. Cont’l W. Ins. […]
