Indiana Court of Appeals Determines That UIM Insurer’s Liability for Properly Recorded Hospital Lien Does Not Exceed Coverage Limits

Parkview Hospital, Inc. v. American Family Ins. Co. 2022 WL 1132893 (Ind. Ct. App. 2022)

Parkview Hospital, Inc. v. American Family Ins. Co. 2022 WL 1132893 (Ind. Ct. App. 2022)   The present appeal is the second in this dispute between a hospital and an underinsured motorist’s (“UIM”) insurer (American Family).  American Family’s insured was involved in an automobile accident in Ohio and received treatment from Parkview Hospital, located in […]

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.

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.

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

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

Lewis Wagner, Indianapolis Law Firm

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 […]