In a coverage dispute regarding occurrence polices, the time of the damage, and not the time of the alleged negligent conduct that caused the damage, is the triggering event for coverage. Further, coverage under both policies were triggered under the circumstances of this case and damages are to be apportioned pursuant to the language of the insurance policies.
Civil
Lakes v. Grange Mutual Casualty Co., No. 89A05-1009-CT-549, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
Ind. Code § 27-7-5-4(b) requires a per person liability limit comparison to determine underinsurance, and the mandatory per person limit for underinsured coverage pursuant to Ind. Code § 27-7-5-2 is $50,000.
B&B, LLC v. Lake Erie Land Co., No. 45A04-1002-PL-183, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.
Cotton v. Cotton, No. 43A03-1005-DR-325 , ___ N.E.2d___, (Ind. Ct. App., Feb. 24, 2011)
Summons served on wife was insufficient as a matter of law for the court to exercise personal jurisdiction over defendant, because it neither complied with Trial Rule 4(C)(5) or due process. Due process requires that, at a minimum, a respondent in a dissolution proceeding be notified of the risk of default for failure to appear or otherwise respond.
In Re Guardianship of J.Y., No. 27A02-1005-GU-744, ___ N.E.2d ___, (Ind. Ct. App., Feb 15, 2011)
“[R]equirements of a personal representative are not the same as the requirements for a guardian, and as a result a nonprofit corporation not authorized as a corporate fiduciary in Indiana may serve as guardian where it could not serve as a personal representative.”