Slaughter, J. When insurance coverage is insufficient to satisfy multiple claimants, insurers face a dilemma. An insurer can seek individual settlements, but this approach risks exhausting policy limits before satisfying all claimants. Another option is to refrain from individual settlements in hopes of attaining a global settlement, but this approach may fail and expose the […]
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O’Connell v. Clay, No. 25S-MI-34, __ N.E.3d __ (Ind., Oct. 16, 2025).
Paternity by estoppel applies to grandparents’ visitation. Grandparent had standing under the Grandparent Visitation Act to petition for visitation with grandchild when custodial mother stipulated to the father’s paternity in an agreed visitation order.
Indianapolis Public Trans. Co. v. Bush, No. 25S-CT-245, __ N.E.3d __ (Ind., Sept. 15, 2025).
When a party raises a TR 50(A) argument in a Rule 59(J) motion to correct error, the trial court reviews the evidence as if it were considering a TR 50(A) motion raised before judgment at trial; de novo review is appropriate. When the evidence heard by the jury supports reasonable inferences that defendant was not contributorily negligent, the trial court properly did not disturb the jury verdict.
Perry County v. Huck, No. 24S-PL-297, __ N.E.3d __ (Ind., July 22, 2025).
Local elected officials may be designated as part-time employees, which permits the county to exclude them from group health insurance.
D.W. v. State, No. 25S-JV-190, __ N.E.3d __ (Ind., Jul. 23, 2025).
A juvenile court has a mandatory obligation to offer a formal advisement of rights under the Advisement Statute – Ind. Code 31-37-12-5. In addition, a waiver of a juvenile’s constitutional, statutory, or otherwise afforded rights must be done through personal interrogation of the juvenile, by the court, to ensure the waiver was knowing and voluntary.