“Mortgagee” Mortgage Electronic Registration Systems (MERS) was a “mere nominee” and “bare legal title” holder without interest in the property separate from that of the original lender Irwin, and as mortgage provided for notices only to Irwin the lender, and not to MERS, MERS’s assignee Citimortgage was not entitled to have default in the foreclosure of another mortgage vacated on the basis only Irwin and not MERS received foreclosure notice.
P. Riley
Griffin v. State, No. 49A02-1007-CR-774, __ N.E.2d __ (Ind. Ct. App., Mar. 30, 2011)
Evidence that marijuana blunt was in plain view on center console between driver and defendant passenger, coupled with testimony of strong marijuana smell in vehicle, was sufficient to prove defendant constructively possessed the marijuana; distinguishes Gray v. State.
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.
Inman v. State Farm Mutual Automobile Ins. Co., No. 41A01-1005-CT-225, ____ N.E.2d ____ (Ind. Ct. App., Dec. 30, 2010)
An insurer can be required to pay prejudgment interest in excess of uninsured and/or underinsured motorist limits in an action brought by an insured for failure to pay uninsured and/or underinsured motorist coverage.
Sharon Gill v. Evansville Sheet Metal Works, Inc., No. 49A05-0912-CV-699, __ N.E.2d __ (Ind. Ct. App., Dec. 15, 2010)
A trial court should not blindly adhere to all of its local rules, but examine technical rules when it appears that invoking them would defeat justice.