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Case Clips

Published by the Indiana Office of Court Services

Civil

Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)

March 25, 2011 Filed Under: Civil Tagged With: Appeals, C. Bradford

Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.

Walker v. Pullen, No. 64S05-1101-CT-0006, ___ N.E.2d ____ (Ind., March 15, 2011)

March 18, 2011 Filed Under: Civil Tagged With: B. Dickson, R. Shepard, Supreme

A court cannot grant a new trial unless the judge enters special findings as required by T.R. 59(J).

Grange Mut. Cas. Co. v. West Bend Mut. Ins. Co, No. 29A02-1008-PL-965, ___ N.E.2d ___ (Ind. Ct. App., March 15, 2011)

March 18, 2011 Filed Under: Civil Tagged With: Appeals, E. Friedlander, M. May

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.

Lakes v. Grange Mutual Casualty Co., No. 89A05-1009-CT-549, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)

March 4, 2011 Filed Under: Civil Tagged With: Appeals, P. Riley

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)

March 4, 2011 Filed Under: Civil Tagged With: Appeals, J. Baker

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.

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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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