Plaintiff who recovered policy limit from deceased’s auto insurance company and then received an assignment from deceased’s estate of all its rights against insurer thereby had an independent action against the insurer for bad faith failure to settle plaintiff’s claim and could recover prejudgment interest and fees from insurer; reverses summary judgment for insurer on bad faith claim.
T. Crone
In re Resnover, No. 49A02-1205-MI-364, ___ N.E.2d ___ (Ind. Ct. App., Dec. 5, 2012).
In an action for a name change, “a petitioner must submit with the petition for a name change the documents requested in I.C. § 34-28-2-2.5—including a driver’s license number or identification card number—if applicable…. [A]lthough we have decided that the language of subsection 2.5 does not carry a mandate, but rather a directory intent, the trial court is still obliged to discern the absence of a fraudulent purpose prior to granting a petitioner’s name change.”
In re the Matter of G.W., No. 07A01-1201-JM-6, ___ N.E.2d ___ (Ind. Ct. App., Oct. 10, 2012).
A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.
F.D. v. Ind. Dept of Family Svcs., No. 82A01-1109-CT-432, ___ N.E.2d ___ (Ind. Ct. App., Aug. 30, 2012).
There is no private right of action for failure to report child abuse under Ind. Code § 31-33-18-4.
E.J. v. Okolocha, No. 45A03-1201-CT-15, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2012).
A doctor has no duty to release a baby’s medical records to the baby’s prospective adoptive parents without the proper authorization to release the medical records.