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Case Clips

Published by the Indiana Office of Court Services

Supreme

Wisner v. Laney, No. 71S03-1201-CT-7,___ N.E.2d ___ (Ind., Dec. 12, 2012).

December 13, 2012 Filed Under: Civil Tagged With: S. David, Supreme

For purposes of the Tort Prejudgment Interest Statute, a written settlement offer must be made within one year following the filing of a claim to be eligible for prejudgment interest, and the settlement offer can be made prior to the filing of a lawsuit.

Kosarko v. Padula, No. 45S03-1206-CT-310, ___ N.E.2d ___ (Ind., Dec. 12, 2012).

December 13, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

“[T]he Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.”

Inman v. State Farm Auto. Mut. Ins. Co., No. 41S01-1108-CT-515, ___ N.E.2d ___ (Ind., Dec. 12, 2012).

December 13, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

The Tort Prejudgment Interest Statute applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist (“UIM”) policy, and prejudgment interest can be awarded in excess of the policy limits set forth in an insured’s UIM policy.

D.C. v. J.A.C., No. 32S04-1206-DR-349, ___ N.E.2d ___ (Ind., Nov. 13, 2012).

November 15, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Trial courts have considerable deference in family law matters, and the trial court had ample support to hold that it was in the child’s best interests to remain in the state.

State v. Holtsclaw, 49S02-1205-CR-26, ___ N.E.2d ___ (Ind., Nov. 5, 2012).

November 9, 2012 Filed Under: Criminal Tagged With: M. Massa, Supreme

30-day deadline in Appellate Rule 9 for filing a notice of appeal when a party files a motion to correct error applies to the state in a criminal case.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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