Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy
Roadsafe Holdings, Inc. v. Walsh Const. Co., 2021 WL 325677 (Ind. Ct. App. 2021) This case has a long appellate history involving a number of legal issues. After a driver was injured while operating his vehicle through a construction zone, he filed a lawsuit against Walsh Construction Company (“Walsh”) for allegedly creating an unsafe traffic […]
Are legal services a basic human need?
As we approach the end of 2020, many of us are contemplating our personal and business charitable contributions. The ravages of the pandemic have left many with no paycheck, no home and living in a state of hopelessness. Imagine what it has been like for people who were already in chronic need before COVID arrived. There has […]
Indiana Supreme Court Holds That UIM Insurer’s Right to Offset Payments by “Legally Responsible” Parties Does Not Include Payments by Other UIM Insurers
Glover v. Allstate Prop. & Cas. Ins. Co., 2020 WL 5951386 (Ind. 2020) The Indiana Supreme Court recently addressed a case with multiple insurance issues. Shelina Glover, a passenger in an automobile, died from a multi-car accident. Her estate settled claims against two responsible drivers who paid their policy limits totaling $75,000. The estate then […]
Charting the Course for Estate Plans
Many attorneys experience some version of the following scenario at one time or another – You meet with clients to discuss a legal agreement they want you to prepare, you prepare the agreement, send follow up correspondence to the clients regarding specific terms and issues of importance, revise the agreement according to the clients’ input, […]
Indiana Court of Appeals Affirms That Insurers Are Not Required to Offer UIM Coverage to Insured Acquiring Umbrella Policies
North v. Selective Ins. Co. of South Carolina, 2020 WL 5542571 (Ind. Ct. App. 2020) After an automobile accident, Shannon sustained serious and permanent injuries. She was the daughter-in-law of a named insured (James) of an auto policy with Selective and living in James’ home at the time of her accident. After receiving the insurance […]
Indiana Court of Appeals Finds That Scooter Operator Was Not Entitled to Underinsured Motorist Coverage
Progressive Southeastern Ins. Co. v. Chastain, 2020 WL 4743879 (Ind. Ct. App. 2020) Chastain owned two scooters, one of which was registered with the Indiana Bureau of Motor Vehicles (“BMV”). Chastain removed the license plate from the registered scooter and placed it upon the back of the second scooter without registering the second scooter with […]
Seventh Circuit Holds That “Known Claim” and “Intended or Expected Injury” Exclusions Bar Coverage for $50.56 Million Judgment Against Insured
Greene v. Westfield Ins. Co., 2020 WL 3476959 (7th Cir. 2020) The case of Greene v. Westfield has a convoluted history that involves three separate lawsuits over the course of ten years. Although the decision is worth reading in its entirety, we discuss its history only as needed to understand the basis for applying the […]
U.S. Supreme Court Upholds Religious and Moral Exemptions in ACA Birth Control Mandate
On July 8, 2020, the United States Supreme Court issued its ruling in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, Case No. 19-431, addressing the regulatory exemption to the mandate for health plans to provide birth control. The Affordable Care Act (“ACA”) requires employers with 50 or more employees to provide […]
U.S. Supreme Court Reinforces “Ministerial Exception,” Protecting Religious Employers from Employment Discrimination Claims
On July 8, 2020, the United States Supreme Court issued its opinion in Our Lady of Guadalupe School v. Morrissey-Berru, Case No. 19-267. In this opinion, the Court addressed two consolidated cases involving suits by former teachers at Catholic schools in California whose contracts were not renewed. In one case, the plaintiff sued under the […]
COVID-19 and Force Majeure in the Manufacturing Context
The global COVID-19 pandemic ground the world economy to a virtual halt in many sectors, including manufacturing. Many manufacturing lines slowed to a crawl or stopped completely. Travel became practically impossible, if not prohibited by various government orders. Despite that, supply contracts remain in place. What impact COVID-19 has on the legal relationships between customers […]
