The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Civil
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.
Brewer v. Clinton Cnty. Sheriff’s Office, No. 22A-CP-117, __ N.E.3d __ (Ind. Ct. App., March 9, 2023).
Commissioners’ authority to enact an ordinance generally applicable to all county buildings is limited by the Sheriff’s duty to use reasonable precautions to take care of inmates housed in the jail.
Posterity Scholar House, LP v. FCCI Ins. Co., No. 22A-EV-1751, __ N.E.3d __ (Ind. Ct. App., March 1, 2023).
The common law duty of good faith in performing its obligations under an insurance policy that an insurer owes its insured a does not extend to the relationship between surety and obligee in the context of performance and payment bonds on a construction project.
Wilson v. Wilson, No. 22A-DC-1949, __ N.E.3d __ (Ind. Ct. App., Feb. 20, 2023).
Commentary to Indiana Child Support Guideline states, “although Social Security benefits are not reflected on Line 7 of the child support Worksheet, the benefit should be considered, and its effect and application shall be included in the written order for support of that child.” Accordingly, a trial court is required to make findings whether a child’s overall financial needs are satisfied in whole, or in part, by the Social Security benefits the child receives.