An insurer can be required to pay prejudgment interest in excess of uninsured and/or underinsured motorist limits in an action brought by an insured for failure to pay uninsured and/or underinsured motorist coverage.
Civil
In re the Paternity of R.M., No. 45A04-1001-JP-14, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2010)
The defense of laches can apply in paternity actions.
In the Matter of the Paternity of: P.R., No. 36A01-1005-JP-255, ____ N.E.2d ______ (Ind. Ct. App., Dec. 29, 2010)
Trial court properly took judicial notice of record in another proceeding, pursuant to Evidence Rule 201 as amended effective Jan. 2010, and permissibly did so post-hearing; the parties had the right to be heard on the notice but failed to demand it, thereby waiving the opportunity, although the better practice would have been for the trial court to have given the parties notice and an opportunity to be heard before taking the judicial notice and issuing its order.
In re M.F., No. 21A04-1002-JP-84, ___ N.E.2d ____ (Ind. Ct. App., Dec. 27, 2010)
Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.
Commitment of G, No. 33A01-1006-MH-325, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
Evidence did not support commitment on the basis ordered but, as it was sufficient for commitment on an alternative basis, case is remanded for a review proceeding).