Indiana courts have adopted the majority view which provides that, absent a statute or public policy concern, pre-injury waivers and releases, or exculpatory agreements that release a party from liability for its own ordinary negligence, are generally enforceable.
Freedom of speech is one of the most important rights in our country. Certain forms of communication, particularly those which harm others, are not always free. A false communication which causes harm to a person’s reputation, known as defamation, can subject the defamer to an expensive lawsuit and damages.
Much like waivers and releases, Indiana courts have long recognized the validity of exculpatory contracts in which parties agree in advance that one is under no obligation of care for the benefit of the other and shall not be liable for the consequences of conduct which would otherwise be negligent.
Barrett McNagny LLP is proud to announce that Robert Keen and Patrick Murphy were selected by their peers for inclusion in The Best Lawyers in America® 2022 as “Lawyer of the Year” in their respective practice areas.
Anyone who has spent a winter in Indiana knows that snow and ice are unavoidable weather conditions. Slip-and-fall injuries are a common occurrence and a common subject of insurance claims that lead to lawsuits.
Many family businesses are closely held, meaning only a few people have an ownership interest in the business. In these types of businesses, disputes between the shareholders can cause problems on many levels, sometimes leading to litigation.
Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence.
Business interruption insurance typically covers lost income following a disaster or disruption in business operations. To some, losses stemming from COVID-19 may appear to be the exact type of risk this insurance is meant to cover. As many small businesses have quickly discovered, however, this is not the case.
On March 30, Governor Holcomb signed Executive Order 20-13. Among other things, Order 20-13 allows the Department of Health to open, staff, and equip temporary facilities if Indiana's hospital's become at or near capacity; creates limited exceptions to Indiana's licensing requirements for health care workers and creates a registration requirement for those workers who qualify for an exception.
H.R. 748, The Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), includes an important provision (Section 3215) for health care providers who provide volunteer care during the current crisis. In general, Section 3215 grants protection from medical malpractice lawsuits to volunteer healthcare workers who provide care within the general scope of their practice to victims of COVID-19.
Telemedicine provides a clear and obvious benefit for those in need of medical care during the COVID-19 crisis. Staying home while receiving medical care protects the patient, health care providers, and all who come into contact with them.
Kevin Fitzharris was a presenter at the Allen County Bar Association’s Bench Bar Conference on February 7, 2020. He spoke at the “Cybersecurity: Protect You & Your Client” breakout session in the afternoon.
Every day we are bombarded with advertisements trying to sell us more insurance. For the average consumer, the choice is not particularly complicated. Most people are in the market for an auto, home, or renter’s insurance policy. But for a business, choosing the type of coverage needed to adequately protect one’s interests can be a much more complicated decision.
Thomas M. Kimbrough was awarded the Westfield Insurance Company Golden Gavel by Steve St. Clair, Casualty Litigation Claims Specialist with Westfield Insurance. This is the second time Mr. Kimbrough has received this award.
An injunction is an order issued by a judge that forces a person or entity to perform an action or stop taking certain action. Generally, Indiana law requires the moving party to prove several elements before granting an injunction.
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