When an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, an “innocent co-insured spouse” is barred from recovery.
Appeals
Ryan v. Janovsky, No. 45A03-1304-DR-145, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2013).
Proposed Qualified Domestic Relations Order (“QDRO”) presented for signature over twenty years after the entry of the settlement agreement was not time-barred.
Leedy v. State, No. 49A04-1303-CR-102, __ N.E.2d __ (Ind. Ct. App., Nov. 26, 2013).
Trial court properly found defendant with brain injury incompetent and committed him to the Division of Mental Health and Addiction (“DMHA”) pursuant to Ind. Code § 35-36-3-1.
Roop v. Buchanan, No. 88A01-1304-DR-171, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Trial court properly ordered party to pay accrued child support obligation to the now emancipated child for satisfaction of funeral expenses for the deceased father, but the trial court could not award the remainder of the child support arrearage to the emancipated children.
Ind. Patient’s Compensation Fund v. Holcomb, No. 49A05-1207-CC-340, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.