“[A] standard commercial general liability (“CGL”) insurance policy covers an insured contractor for the faulty workmanship of its subcontractor.”
Supreme
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.
Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)
Judge’s overall conduct during trial demonstrated reversible bias.
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.”