In a coverage dispute regarding occurrence polices, the time of the damage, and not the time of the alleged negligent conduct that caused the damage, is the triggering event for coverage. Further, coverage under both policies were triggered under the circumstances of this case and damages are to be apportioned pursuant to the language of the insurance policies.
Appeals
Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)
Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)
Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
Lakes v. Grange Mutual Casualty Co., No. 89A05-1009-CT-549, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
Ind. Code § 27-7-5-4(b) requires a per person liability limit comparison to determine underinsurance, and the mandatory per person limit for underinsured coverage pursuant to Ind. Code § 27-7-5-2 is $50,000.
B&B, LLC v. Lake Erie Land Co., No. 45A04-1002-PL-183, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.