Genuine issues of material fact on whether employer should be liable under the theory of respondeat superior precluded summary judgment.
Supreme
Schmidt v. Ind. Insurance Co., No. 22S01-1507-PL-412, __ N.E.3d __ (Ind., Dec. 2, 2015).
Even if the applicant was truthful and provided complete information regarding the property to the insurance agent, there is no genuine issue of fact regarding the proximate cause of loss because no dwelling fire insurance policy would have been issued on such information.
Hernandez v. State, No. 49S02-1511-CR-644, ___ N.E.3d ___ (Ind. Nov. 10, 2015).
At trial for carrying a handgun without a license, defendant presented some evidence to support defense of necessity; trial court therefore erred in refusing to give the instruction.
Gertiser v. Stokes, No. 29S02-1511-DR-643, __ N.E.3d __ (Ind., Nov. 10, 2015).
Revoking spousal maintenance requires proof “not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable.”
Lee v. State, No. 49S02-1511-CR-638, ___ N.E.3d ___ (Ind. Nov. 5, 2015).
Charging information for conspiracy to commit murder by shooting the victim did not give defendant fair notice of lesser-included battery offenses based on beating the victim.