Trial court erred in substituting underinsured driver for insurance company as the sole named defendant in contract case seeking recovery of underinsured motorist benefits, where the insurance company did not attempt to step into the shoes of and defend the tortfeasor or to preserve a subrogation interest.
M. Robb
Tisdial v. Young, No. 29A05-0909-CV-544, ___ N.E.2d ___ (Ind. Ct. App., Apr. 22, 2010)
Indiana Code chapter 34-26-5 requires evidence of domestic violence, stalking, or a sex offense.
Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.
Hicks v. Smith, No. 54A01-0904-CV-189, ___ N.E.2d ___ (Ind. Ct. App., Jan. 19, 2010)
When husband violated court order by absconding with child and failing to pay child support, trial court did not abuse its discretion in awarding judgment on husband’s child support arrearage to wife.
Mogg v. State, No. 29A04-0902-CR-82, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2009)
Proper showing was made for probation revocation evidence of alcohol use generated by Secure Continuous Remote Alcohol Monitor (“SCRAM”) bracelet.