Appellate Court Affirms Bad-Faith Claim When Erie Insurance Opportunistically Avoided Paying the Uninsured Motorist claim and Court Declared UM/UIM Coverage Limits Do Not Apply to the Breach of Policy Damages Claims The Indiana Court of Appeals largely affirmed the...
Recently, the Indiana Supreme Court dealt with the issue to handle potential evidence which is not preserved and the Court declared that the issue is within the discretion of the trial court. The case involved a person who was injured when she tripped on a lobby...
Numerous freeholders petitioned the trial court to establish the Lake of the Woods of Marshall County Conservancy District which was met with remonstrators who sought dismissal. The trial court dismissed the petition after finding the remonstrators met statutory...
The Indiana Supreme Court has held that the local government was within its rights to classify a county council member as a part-time employee and exclude him from group health insurance coverage. The court found that Indiana law allows local governmental units to...
In January 2014, a so-called “Polar Vortex” caused a significant increase in the demand for electricity and a corresponding spike in the price of natural gas. To make matters worse, a Canadian natural gas pipeline burst on January 25, 2014. This was a major problem...
I. Introduction and Case Summary In January 2014, a so-called “Polar Vortex” scourged the Eastern United States, causing a significant amount of property damage and several fatalities. While many industries were impacted by the Polar Vortex, electrical utilities...
In October 2024, the Indiana Supreme Court held that property owners cannot recover damages for traffic flow reduction to their property caused by roadway projects if the project leaves the property’s access points unchanged because no taking of a property right would occur.[1] As part of new I-69 construction, the state in 2019 sought to purchase a narrow strip of…
The Indiana Utility Regulatory Commission has initiated an investigation to determine whether distributed energy resource (“DER”) aggregators are “public utilities” under Indiana law.[1] FERC Order 2222 gave DERs the right to participate in wholesale energy markets through aggregators and required regional transmission organizations such as MISO and PJM to file tariff changes to facilitate participation by DER aggregators. Over the…
Increasingly, insurance companies are denying claims for loss and damage to homes and commercial structures on the basis of reports obtained from engineers during the course of adjusting the claim. In a typical scenario, a homeowner discovers that their roof has been damaged by a storm and reports a claim to their insurance company. The insurance company may send one…
On February 21, 2023, the Indiana Court of Appeals reversed an Indiana Utility Regulatory Commission (“Commission”) order granting Duke Energy Indiana (“Duke”) recovery of costs pursuant to federal Environmental Protection Agency (“EPA”) rules for treating coal ash and remediating ash ponds because the Commission had not yet approved the project, which constituted impermissible retroactive ratemaking. The central issue before the…