Party seeking a second extension of time to respond to summary judgment motion must do so prior to expiration of the period of the first extension.
Civil
Inlow v. Inlow, No. 29S02-0902-CV-89, __ N.E.2d __ (Ind., Nov. 18, 2009)
When settlement resolves a wrongful death action, a court should direct payment from the pre-trial wrongful death settlement that part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.
Brown-Day v. Allstate Ins. Co., No. 49A02-0903-CV-277, ___ N.E.2d ___ (Ind. Ct. App. Oct. 29, 2009)
Insurance Company was the sole defendant, and neither Evidence Rule 411 nor the common law permits the substitution of a non-party to conceal its identity as an insurer.
Bingley v. Bingley, No. 02A03-0904-CV-187, ___ N.E.2d ___ (Ind. Ct. App. Oct. 30, 2009)
Husband’s employer-paid post-retirement health insurance premiums were not a marital asset subject to division, because they were purely supplemental, meaning that they were not obtained using marital assets, and were non-elective and not subject to divestiture, division, or transfer.
D.B. v. M.B.V., No. 32A01-0903-CV-110, ___ N.E.2d ___ (Ind. Ct. App. Oct. 2, 2009)
To terminate parenting time, trial court must articulate a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.