“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”
Supreme
Donovan v. Grand Victoria Casino & Resort, L.P., No. 49S02-1003-CV-00124, __ N.E.2d __ (Ind., Sept. 30, 2010)
An Indiana casino may exclude an individual employing “card counting” techniques to improve her chance of winning.
Sheehan Construction Co., Inc. v. Continental Casualty Co., No. 49S02-1001-CV-32, __ N.E.2d __ (Ind., Sept. 30, 2010)
“[A] standard commercial general liability (“CGL”) insurance policy covers an insured contractor for the faulty workmanship of its subcontractor.”
Baker v. Taylor, No. 18S04-1002-CV-118, __ N.E.2d __ (Ind., Sept. 9, 2010)
Holder of a power of attorney who uses the power to create joint survivor accounts acts as a fiduciary whose right in the accounts is presumed invalid. Mere filing with the court of a deposition of a person incompetent under the Dead Man Statute does not waive the Statute’s prohibition of the deposition’s use as evidence.
Eads v. Community Hosps., No. 45S03-1001-CV-33, ___ N.E.2d ___ (Ind., Sept. 1, 2010)
Where patient as injured leaving hospital, and the medical malpractice limitations period expired before the trial court dismissed her general negligence complaint for failure to comply with the Medical Malpractice Act, her medical malpractice action alleging the same facts as the dismissed complaint may be deemed a continuation of the first complaint for purposes of the Journey’s Account Statute.