Indiana Court of Appeals: Agreement to Insure is an Agreement to Provide Both Parties with the Benefits of Insurance

Indiana Court of Appeals: Agreement to Insure is an Agreement to Provide Both Parties with the Benefits of Insurance

In the last installment of the Hoosier Litigation Blog for 2018, we examine the Indiana Court of Appeals’ decision in Youell v. Cincinnati Insurance Co., which held that a lease requiring the landlord to maintain fire insurance foreclosed a claim against the tenant for losses suffered by a fire because the lease shifted the allocation of risk from the parties to the insurer.

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On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

This week's discussion looks to the question of whether a person who causes a car accident and then is subsequently denied coverage for the accident constitutes an “uninsured” so that the injured person may recover against his own insurance policy.

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Discoverability of Documents in Insurance Bad Faith Claims

Discoverability of Documents in Insurance Bad Faith Claims

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family Mutual Insurance Company, a successor case to Key v. Hamilton.

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Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history.

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Indiana Court of Appeals: Residential Insurance Policy Requiring Claim Against Insurer be Filed in Under 2 Years is Void

Indiana Court of Appeals: Residential Insurance Policy Requiring Claim Against Insurer be Filed in Under 2 Years is Void

This week we discuss the major Indiana Court of Appeals decision, which found that not only is an insurance policy's limitation for bringing a suit against the insurer to less than the statutory period set forth by statute void, but that the limitation period is not then the minimal period that could have been agreed upon but rather the full statutory period for breach of contract actions.

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