Plaintiff who recovered policy limit from deceased’s auto insurance company and then received an assignment from deceased’s estate of all its rights against insurer thereby had an independent action against the insurer for bad faith failure to settle plaintiff’s claim and could recover prejudgment interest and fees from insurer; reverses summary judgment for insurer on bad faith claim.
Civil
Banks v. Banks, No. 45A03-1203-DR-96,___ N.E.2d ___ (Ind. Ct. App., Dec. 14, 2012).
Trial court did not abuse its discretion in modifying and reducing spousal maintenance obligation based on changes in the parties’ respective finances, even when there was no improvement in the medical condition of the party receiving maintenance.
Allen v. Clarian Health Partners, Inc., 49S02-1203-CT-140, ___ N.E.2d ___ (Ind., Dec. 19, 2012).
A contract doesn’t need to state a specific dollar amount for goods or services in order to be enforceable.
Wisner v. Laney, No. 71S03-1201-CT-7,___ N.E.2d ___ (Ind., Dec. 12, 2012).
For purposes of the Tort Prejudgment Interest Statute, a written settlement offer must be made within one year following the filing of a claim to be eligible for prejudgment interest, and the settlement offer can be made prior to the filing of a lawsuit.
Kosarko v. Padula, No. 45S03-1206-CT-310, ___ N.E.2d ___ (Ind., Dec. 12, 2012).
“[T]he Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.”