The term “using” is ambiguous in an auto insurance policy, because its meaning is susceptible to differing interpretations by reasonable persons; “using” is not synonymous with “operating.”
Appeals
Barrand v. Martin, No. 18A-JP-1796, __ N.E.3d __ (Ind. Ct. App., March 1, 2019).
The Court of Appeals urges all trial courts to “carefully consider the possible impact of SSR benefits when determining whether to provide a credit to a non-custodial parent for his or her child support obligation.”
Perkins v. Fillio, No. 18A-PL-2278, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2019).
For a premises liability claim regarding a headbutting ram, trial court erred in granting summary judgment because it is a genuine issue of material fact as to whether rams are dangerous as a class of animals and, if so, a genuine issue as to whether Defendant took reasonable measures to prevent the ram from causing harm to invitees.
Kelp v. State, No. 18A-CR-1719, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
Nicholson v. Lee, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Gun owner was shielded from liability for failing to safely store and keep gun when the gun is procured by a crime and then later used to commit another crime.