Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.
Civil
State Farm Mut. Automobile Ins. v. Jakubowicz, N0. 45$05-1605-CT-00253, __ N.E.3d __ (Ind., July 26, 2016).
The insurance policy is ambiguous and must be construed in favor of the injured when the insurance policy provision requiring an insured to bring suit within three years is in direct conflict with the policy’s requirement that it will pay only if the underinsured motorist’s insurance has been exhausted.
Jay Classroom Teachers Ass’n. v. Jay School Corp., No. 49S05-1603-PL-113, __ N.E.3d __ (Ind., July 21, 2016).
Given the deferential standard of review for agency action, the court upheld the Indiana Education Employment Relations Board factfinder’s decision.
In re Guardianship of Morris, No. No. 34A02-1510-GU-1809, __ N.E.3d __ (Ind. Ct. App, July 12, 2016).
The trial court should consider the effect of a power of attorney when determining if the appointment of a guardian is necessary.
Escamilla v. Shiel Sexton Co., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App, July 13, 2016). (dissent on rehearing)
Judge Baker dissents the denial of petition for rehearing; knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.