“[T]he Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.”
Civil
Inman v. State Farm Auto. Mut. Ins. Co., No. 41S01-1108-CT-515, ___ N.E.2d ___ (Ind., Dec. 12, 2012).
The Tort Prejudgment Interest Statute applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist (“UIM”) policy, and prejudgment interest can be awarded in excess of the policy limits set forth in an insured’s UIM policy.
In re Resnover, No. 49A02-1205-MI-364, ___ N.E.2d ___ (Ind. Ct. App., Dec. 5, 2012).
In an action for a name change, “a petitioner must submit with the petition for a name change the documents requested in I.C. § 34-28-2-2.5—including a driver’s license number or identification card number—if applicable…. [A]lthough we have decided that the language of subsection 2.5 does not carry a mandate, but rather a directory intent, the trial court is still obliged to discern the absence of a fraudulent purpose prior to granting a petitioner’s name change.”
C.A.B. v. J.D.M., No. 37A03-1204-AD-149, ___ N.E.2d ___ (Ind. Ct. App., Nov. 30, 2012).
Mother was denied due process when her children were allowed to be adopted while the appeal of her termination of parental rights was pending.
Thomas v. State, No. 64A03-1204-PL-191, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2012).
Ten year statute of limitations applies to habitual traffic violator suspensions; three-year delay in imposition of habitual traffic offender suspension was not shown to be subject to “extreme unfairness” basis for applying laches to bar an administrative regulatory sanction.