Category archive: Indiana

No Provable Conscious Wrongdoing, No Bad Faith

Summary: Thomas and Allison Missler’s home was destroyed in a fire on June 1, 2011. While the fire department was responding to the fire, the Misslers’ State Farm insurance agent, Theresa Chapman, arrived at the scene. The Misslers had purchased a homeowners insurance policy from State Farm which provided dwelling coverage, personal property coverage and…

Bad Faith Claims in Indiana May be Dismissed when the Facts Alleged Clearly Exclude Coverage

Summary: The Seventh Circuit Court of Appeals, applying Indiana law, considered an insurer’s duty to defend under a commercial general liability policy. The insured sued its insurer in the Southern District of Indiana for breach of contract and bad faith and sought a declaratory judgment that the insurer had a duty to defend. Since the…

Your Case is Pending on Appeal? If Malpractice is a Concern, Don’t Forget to Disclose

Introduction In Bar Plan Mutual Ins. Co. v. Likes Law Office, LLC, 2015 WL 6023075 (Ind. App. Oct. 15, 2015) (No. 02A03–1502–CT–65), the Indiana Court of Appeals examined an attorney’s duty to disclose a potential claim when completing a malpractice insurance renewal application—particularly when an attorney has a favorable judgment from a state’s intermediate appellate…

Post-Verdict Notice Is Not Always Too Late

Summary: Enfamil baby formula maker Mead Johnson & Company lost two separate declaratory judgment cases in the Southern District of Indiana, but one was reversed on appeal when the 7th Circuit concluded that the late notice was not too late as a matter of law and reversed for an evidentiary hearing. However, the 7th Circuit…

Detailed Record Supports Win for Insurer

Summary: Once again a detailed record of contacts with opposing counsel leads to win for insurers on bad faith claim. Jackson v Allstate Insurance Company. 2011 Westlaw 321709 (Southern Dist. IN) Allstate issued a policy of auto insurance to Jackson. The policy contained both medical payments and uninsured motorist coverage. Jackson had an auto accident…

A Timely Notice of Claim Missing Key Facts Is Held to Be Sufficient

Summary: The Clinic properly reported a potential claim to insurer providing claims made coverage such that the policy covered the claim against a clinic employee. Because Medical Protective did not pay its policy limits within 30 days as required by Minnesota Statute §60 A.0811, Subd. 2(a) the insured was entitled to recover 10% per annum…

You Ain’t Got No Class: Seventh Circuit De-Certifies Class of Insureds Seeking Injunctive Relief

Summary:  Seventh Circuit de-certifies class of homeowner insureds seeking the injunctive relief of a uniform standard for inspecting roof damage cause by massive hailstorm.  Also, The Seventh Circuit also agrees with District Court’s decision not to certify class for bad faith claims due to individualized nature of evidence to prove claim. Kartman et al. v….


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