The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.
Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, ___ N.E.2d ___ (Ind., March 20, 2012).
Although the plaintiff’s evidence tends to show multiple badges of fraud, it is not sufficient to warrant entry of summary judgment on the element of mens rea.
LaPorte Comm. School Corp. v. Rosales, No. 46S04-1105-CT-284, ___ N.E.2d ___ (Ind., March 20, 2012).
The language of one of the final jury instructions could have reasonably been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof to establish defendant’s negligence.
Witt v. Jay Petroleum, Inc., No. 38S02-1110-CV-608, ___ N.E.2d ___ (Ind., March 21, 2012).
The trial court correctly held the parties and attorney in contempt, determined the sanction, and imposed it jointly and severally.
Marion Co. Auditor v. Sawmill Creek, LLC, No. 49S02-1106-CV-364, ___ N.E.2d ___ (Ind., March 21, 2012).
Auditor’s effort to notify property owner of the tax sale was constitutionally proficient in meeting the requirements of due process.