Damages were not limited to $75,000 for a case that was remanded to state court because the alleged amount in controversy did not exceed $75,000.
Civil
McCallister v. McCallister, No. 49D12-1606-DR-19232, __ N.E.3d __ (Ind. Ct. App., June 26, 2018).
Although under federal law the court could not order husband to change the beneficiary on his Air Force Survivor Benefit Plan as required by the Marital Settlement Agreement, the trial court can determine the value of the Survivor Benefit Plan and reconsider the distribution of marital assets as an alternative remedy.
Estate of Kent v. Kerr, No. 55S01-1712-ES-00747, __ N.E.3d __ (Ind., June 20, 2018).
The Compromise Chapter of Probate Code only applies to post-mortem agreements.
Erie Indemnity Co. v. Estate of Harris, No. 18S-CT-114, __ N.E.3d __ (Ind., June 20, 2018).
Commercial auto policy does not provide coverage for a death in a motor vehicle accident involving an uninsured motorist when the decedent was not occupying a scheduled vehicle.
Horejs v. Milford, No. 45A03-1709-CT-2173, __ N.E.3d __ (Ind. Ct. App., June 14, 2018).
The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.