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.
Civil
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.
Payday Today, Inc. v. Defreeuw, No. 71A05-0804-CV-253, ___ N.E.2d ___ (Ind. Ct. App., Apr. 9, 2009)
Because payday loan company did not unambiguously include interest in its agreement with the borrower, it cannot recover interest from that borrower.
Hay v. Baumgartner, No. 43A03-0810-CV-484, ___ N.E.2d ___ (Ind. Ct. App., Apr. 9, 2009)
Defendants’ stipulation to the entry of a preliminary injunction prevents them from now arguing that it was wrongfully in place, and thereby precludes their recovery of attorney’s fees for its entry.