Affirms summary judgment for defendant, finding the statute of limitation defense applicable when plaintiff, in the exercise of ordinary diligence in reviewing their homeowners insurance policy, could have timely discovered that the company’s replacement cost liability was capped at the dwelling loss coverage limit.
Civil
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.
In re I.P., No. 49S02-1402-JT-81, __ N.E.3d __ (Ind., March 26, 2014)
Parental rights should not be terminated when the magistrate who heard the case resigns before reporting recommended findings and conclusions because it violates the parent’s due process rights.
In re G.P., No. 49S02-1308-JT-558, __ N.E.3d __ (Ind., March 13, 2014).
A trial court does not have discretion to appoint an attorney to a parent under Ind. Code § 31-34-4-6; Ind. Code § 31-32-4-3 does give the court discretion to appoint an attorney for a parent who fails to meet the statutory requirements for being indigent but for whom appointed counsel might still be appropriate.
Justice v. American Family Ins. Co., No. 49S02-1303-PL-221, __ N.E.3d __ (Ind., March 13, 2014).
In an insurance policy, the phrase “limits of liability of this coverage” refers to the policy limit and not to the insured’s total damages.