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Indiana Utility Law – NIPSCO Industrial Group, and Office of the Utility Consumer Counselor v. Northern Indiana Public Service Company, and Indiana Utility Regulatory Commission, 22A-EX-187 (Ind. Ct. App. 2022)

| Nov 29, 2022 |

On December 28, 2021, the Indiana Utility Regulatory Commission (“Commission”) approved a Transmission, Distribution and Storage System Improvement Charge (“TDSIC”) plan submitted by Northern Indiana Public Service Company (“NIPSCO”). Part of NIPSCO’s TDSIC plan included certain system deliverability projects, specifically NIPCO’s need to upgrade its Marktown substation and improve the distribution and transmission related system deliverability in the Nappanee area.…

Understanding the Appraisal Clause in Your Insurance Policy

| Apr 20, 2022 | , ,

Nearly all insurance policies contain what is commonly called an “appraisal clause.” While the specific language differs from one policy to another, the idea is generally the same. This provision is designed to provide a mechanism to resolve disputes about insurance claims — but not all disputes are subject to being resolved by appraisal.

Indiana Utility Law – Indiana Office of Utility Consumer Counselor v. Duke Energy Ind., LLC, 21S-EX-00432 (Ind. 2022)

| Apr 12, 2022 |

On March 10, 2022, the Indiana Supreme Court concluded that a utility cannot be reimbursed for a deferred asset, even if it is properly accounted for, without violating Ind. Code § 8-1-2-68 bar against retroactive ratemaking. The case involved the utility regulation commission’s approval of Duke Energy Indiana’s (“Duke”) 2019 request to increase its rates for retail consumers in order…

Clark County REMC v. Glenn Reis, et al

| Jan 24, 2022 |

In a recently concluded case, Parr Richey attorneys representing Clark County REMC, a southern Indiana rural electric utility, were successful in persuading the Indiana Supreme Court to reverse earlier decisions of the trial court and Court of Appeals.  The case involved four former REMC directors who claimed the REMC breached a contractual obligation to provide them with free, lifetime health…

Preservation of Evidence in Vehicle Collisions with Bikers or Pedestrians

| Oct 29, 2021 |

Jim Buddenbaum and lawyers at Parr Richey are currently investigating and prosecuting claims against a speeding driver using his mobile phone who struck a Monon Trail user. It is critical to sequester and preserve evidence early in the aftermath of such incidents, including mobile phone and automobile “black box” data, in order to make a claim.

Harper v. Southern Pine Electric Cooperative – Electric Cooperative Law

| Jun 22, 2021 |

On February 8, 2021, the Fifth Circuit Court of Appeals affirmed the Southern District of Mississippi’s dismissal of a plaintiffs’ complaint for failure to state a claim. Harper v. So. Pine Electric Cooperative, 987 F.3d 417 (5th Cir. 2021). The complaint was brought by a member-ratepayer of the Cooperative alleging that Mississippi law requires electric cooperatives like Southern Pine to…

Seventh Circuit affirms dismissal of coverage suit based on clearly excluded statutory claims

| Apr 23, 2021 | , , ,

In a recent decision, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a coverage suit after the insurer filed a motion for judgment on the pleadings. In the case of Mesa Laboratories, Inc. v. Federal Insurance Co., (Appeal No. 20-1983), the insured argued that even though the applicable policy clearly excluded coverage for the…

The Importance of “Insurable Interest”

| Feb 20, 2021 | , , , , , , ,

The time to be certain that your insurance policy has been issued correctly so that it actually insures what you intend it to insure is before you have a loss and make a claim. An insurance policy is a contract, and as with all contracts, it is important to make sure the key provisions are written in a way that…

Indiana Communications and Broadband Law – Class Action Case Against Streaming Services Returned to State Court

| Jan 25, 2021 |

The District Court for the Southern District of Indiana published an order on November 18, 2020 remanding the Class Action lawsuit against Netflix, Disney, Hulu, DirectTV and Dish to Marion County Superior Court. The city of Fishers, Indianapolis, Evansville and Valparaiso filed a class action lawsuit on behalf of all units entitled to receive franchise fees to compel the streaming…

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