Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.
Civil
Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)
Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
Dreaded, Inc. v. St. Paul Guardian Insurance Co., No. 49S02-0805-CV-244 , __N.E.2d__ (Ind., Apr. 28, 2009)
When insured failed for three years to give notice of environmental action against it to insurer, the insurer’s duty to defend never arose during the three years and the insurer need not show any prejudice from the delayed notification.
Lake County Trust Company v. Advisory Plan Commission of Lake County, No. 37S03-0904-CV-192m, __N.E.2d__ (Ind., Apr. 28, 2009)
Governmental entities are not immune from sanctions imposed pursuant to Alternative Dispute Resolution Rules. Mediated agreement on subdivision plan could not be final until approved by Plan Commission at an open meeting subject to the Open Door statutes.
Moore v. Moore, No. 49A02-0810-CV-978, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2009)
Protective order prohibiting only threats or violence but permitting contact erroneously did not address petitioner’s concerns with harassment or provide relief necessary to prevent violence or threats of violence as required by statute.