When insured failed for three years to give notice of environmental action against it to insurer, the insurer’s duty to defend never arose during the three years and the insurer need not show any prejudice from the delayed notification.
Supreme
Lake County Trust Company v. Advisory Plan Commission of Lake County, No. 37S03-0904-CV-192m, __N.E.2d__ (Ind., Apr. 28, 2009)
Governmental entities are not immune from sanctions imposed pursuant to Alternative Dispute Resolution Rules. Mediated agreement on subdivision plan could not be final until approved by Plan Commission at an open meeting subject to the Open Door statutes.
In re T.S., No. 46S04-0904-JV-160, ___ N.E.2d ___ (Ind., Apr. 17, 2009)
(1) Indiana Appellate Rule 14.1’s expedited appeals are available to the process of modifying dispositional decrees regarding child placement where a juvenile court does not follow DCS’s recommendation; (2) the juvenile court must accept DCS’s placement recommendations unless it finds by a preponderance of the evidence that the recommendation is “unreasonable” or “contrary to the welfare and best interests of the child”; (3) a finding by the juvenile court that DCS’s recommendation is unreasonable or contrary to the child’s welfare and best interests is reviewed on appeal for clear error; and (4) the juvenile court’s placement determination in this case was not clearly erroneous.
State v. Manuwal, No. 50S05-0805-CR-269, __ N.E.2d __ (Ind., Apr. 8, 2009)
The operating while intoxicated offense applies to an individual driving on his own private property.
Graham v. State, No. 03S04-0809-CR-00507, __ N.E.2d __ (Ind., Apr. 8, 2009)
Evidence that the defendant did not offer his hands behind his back to be cuffed was not sufficient to prove he forcibly resisted law enforcement.