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.
Civil
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.
Williams v. Tharp, No. 29S02-0901-CV-40, ___ N.E.2d ___ (Ind. Oct. 13, 2009)
In a defamation action, plaintiff can overcome defendant’s claim of qualified privilege by showing that defendant made the statement without belief or grounds for belief in its truth; the proper standard for determining grounds for belief in truth is not reckless disregard; the absence of any discernable basis for the truth of the matter can, however, serve as circumstantial evidence of a reporting citizen’s actual knowledge of falsity.
Hillebrand v. Supervised Estate of Charlotte Fern Large, No. 70A01-0902-CV-72, ___ N.E.2d ___ (Ind. Ct. App. Oct. 13, 2009)
The damages awarded in a wrongful death action may include the reasonable attorney fees necessary to pursue the action, and these damages inure to the exclusive benefit of the estate for the payment of such costs.