State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater.
Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking a rehearing.
Insurance coverage dispute regarding coverage for proceedings related to the remediation of contamination at a gas station gave the Court of Appeals the opportunity to discuss the known loss doctrine and the reasonable notice requirement present in most general liability policies.
Messer v. New Albany Police Department (Ind. Ct. App. March 15, 2012) This case addressed the interaction of the First Amendment right to free speech and the government’s authority to regulate the speech of its own employees.
In re T.M. (Ind. March 13, 2012) and In re K.D. (Ind. March 13, 2012) These companion cases addressed the procedural due process safeguards required in CHINS cases. Specifically, the cases held that parents who request a contested fact-finding hearing have a constitutional due process right to such a hearing.
Garrett v. State (Ind. Ct. App. March 7, 2012) The Court of Appeals held it was reversible error to refuse to instruct the jury on the lesser-included offense of possession of methamphetamine in addition to the charge of dealing methamphetamine.
Thatcher v. City of Kokomo (Ind. March 6, 2012) In this case, the Indiana Supreme Court answered two certified questions from the United States District Court for the Southern District of Indiana regarding the 1977 Fund, a disability and pension fund for police officers and firefighters
Hanna v. Indiana Farms Mutual Insurance Company (Ind. Ct. App. Feb. 29, 2012) This case involves an underinsured motorists (UIM) claim brought by the parents of a child killed in a two-car collision during a drag race.
Brown v. Hamilton (Ind. Ct. App. Feb. 28, 2012)The Court of Appeals held that a driver who signals to a second driver that it is safe to proceed owes a duty to a third motorist who is injured because of the second driver’s reasonable reliance on the signaling driver.
Abbott v. State. The Supreme Court, in a 3-2 decision, revised a criminal defendant’s sentence from 20 years to 12 years. The defendant, who represented himself on transfer, was convicted of possessing cocaine within 1,000 feet of a school following a traffic stop.
The Court of Appeals addressed an important issue – a newspaper’s obligation to reveal the identity of one who has commented on an online news story where the commentator’s statements were arguably defamatory.
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