Defendant did not commit misconduct under Trial Rule 60(B)(3) when it did not supplement prior deposition testimony of a nonparty.
Civil
CitiMortgage, Inc. v. Barabas, No. 48S04-1204-CC-00213, ___ N.E.2d ___ (Ind., Oct. 4, 2012).
MERS was an agent of the lender. Citimortgage, standing in MERS’s shoes, has standing to intervene in the mortgage foreclosure action.
State Farm Mut. Ins. Co. v. Kern, No. 49A02-1201-CT-34, ___ N.E.2d ___ (Ind. Ct. App., Sept. 20, 2012).
“When an insurer compensates its insured due to a third party tortfeasor being underinsured, the third party tortfeasor’s liability is not reduced.”
Pac-Van, Inc. v. Wekiva Falls Resort, No. 49A02-1204-CT-337, ___ N.E.2d ___ (Ind. Ct. App., Sept. 11, 2012).
When the losing party pays a judgment in full, post-judgment interest does not keep running on the whole amount until the trial court calculates the amount due for the period between the judgment and the payment.
Miller v. Dobbs, No. 15A05-1108-CT-431, (Ind. Ct. App., Sept. 13, 2012).
If a proposed medical malpractice complaint is filed before the Indiana Department of Insurance without filing fees, it can be treated as unfiled until the fees are paid, or it can be treated as filed and a show cause order can be issued to the plaintiffs that they must pay the fee “in short order.”