Adopts the “any insurance” approach to the AIA waiver—“that as long as a property owner’s damages are covered by any property insurance policy used to insure construction-related damages (i.e., the work), the waiver applies to all damages”
Supreme
Stephenson v. State, No. 15S00-1401-LW-40, __ N.E.3d __ (Ind., Apr. 23, 2015).
“We decline to find that the mere existence of an attempted suicide, without more, is relevant evidence of a person’s guilty conscience about committing a charged crime,” but in this case Defendant’s suicide attempt approximately a month after the alleged murder was properly admitted as relevant to his motive for committing the crime.
DePuy Orthopaedics, Inc. v. Brown, No. 49S02-1504-CT-225, __N.E.3d __ (Ind., April 24, 2015).
The trial court reasonably concluded that Indiana was the appropriate forum for litigation brought by out-of-state plaintiffs against an in-state manufacturer.
Bogner v. Bogner, No. 45S04-1501-DR-23, __N.E.3d __ (Ind., April 28, 2015).
The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”
Wellpoint, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 49S05-1404-PL-244, __N.E.3d __ (Ind., April 22, 2015).
Plaintiff is entitled to insurance coverage, including coverage for defense costs, except for its settlement losses.