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Case Clips

Published by the Indiana Office of Court Services

Civil

Allen v. Clarian Health Partners, Inc., 49S02-1203-CT-140, ___ N.E.2d ___ (Ind., Dec. 19, 2012).

December 20, 2012 Filed Under: Civil Tagged With: R. Rucker, Supreme

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).

December 13, 2012 Filed Under: Civil Tagged With: S. David, Supreme

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).

December 13, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

“[T]he Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.”

Inman v. State Farm Auto. Mut. Ins. Co., No. 41S01-1108-CT-515, ___ N.E.2d ___ (Ind., Dec. 12, 2012).

December 13, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

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).

December 7, 2012 Filed Under: Civil Tagged With: Appeals, P. Riley, T. Crone

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.”

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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