“[A] standard commercial general liability (“CGL”) insurance policy covers an insured contractor for the faulty workmanship of its subcontractor.”
R. Rucker
Sample v. State, No. 45S03-1006-CR-338, __ N.E.2d __ (Ind., June 30, 2010)
Error in habitual offender instruction that jury “must” find habitual status if it finds priors proven was compounded, not avoided, by a “law and the facts” instruction which told jury the instructions were its “best source in determining what the law is.”
Reiswerg v. Statom, No. 49S02-0906-CV-280, ___ N.E.2d ___ (Ind., May 6, 2010)
A party does not waive an affirmative defense by failing to raise it in response to a motion for partial summary judgment that would not be dispositive as to the issue of liability.
In re the Paternity of N.L.P., No. 45S03-0904-JV-133, ___ N.E.2d ___ (Ind., Apr. 30, 2010)
Where the parties in a domestic relations dispute sign a written agreement retaining the services of a guardian ad litem, the trial court is bound to enforce the terms of the agreement when awarding fees and expenses incurred by the GAL, unless the terms are contrary to public policy.
State v. Schlecty, No. 38S04-0905-CR-246, __ N.E.2d __ (Ind., Mar. 24, 2010)
Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.