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Tuesday, April 17, 2007
Ind. Decisions - Court of Appeals issued 5 yesterday (and 11 NFP)
This morning the Court of Appeals posted yesterday's opinions, and toda'ys opinions. Here are yesterday's.
For publication opinions (5):
William A. Arnett and Tammy Arnett v. The Cincinnati Insurance Co., and Allied Group Ins. d/b/a AMCO Ins. Co. - "Because of Vern Casteel’s written rejection of excess UM/UIM coverage the DePrizio rule does not apply in this case, and the plain language of Cincinnati’s commercial umbrella policy does not provide for excess UM/UIM coverage. The trial court properly concluded that Cincinnati is not required to provide excess UM/UIM coverage to the Arnetts. We affirm the grant of summary judgment in Cincinnati’s favor."
Aaron P. Wells, Ernest C. Snider, et al v. Auto Owners Ins. Co. - "Panels of this court have held that there is no coverage for negligent supervision, see Illinois Farmers Ins. Co. v. Wiegand, 808 N.E.2d 180, 191 (Ind. Ct. App. 2004), or for negligent hiring, see Wright v. American States Ins. Co., 765 N.E.2d 690, 697 (Ind. Ct. App. 2002), under policies containing motor vehicle use exclusions, where the immediate and efficient cause of the injury is the use of the vehicle. Although the policies in Wright and Wiegand both make specific reference to entrustment in the exclusion section, thus barring coverage, the same result should be reached here. There can be no doubt that but for the negligent use of the pickup truck there would be no lawsuit. The trial court correctly found that the Farm Policy did not provide coverage for the additional claims alleged against Wells and the Sniders."
T.W. v. State of Indiana - "[W]we conclude that the evidence is sufficient to support the trial court’s finding, by a preponderance of the evidence, that T.W. was in need of care, treatment, or rehabilitation."
Michael Wilson v. State of Indiana - "Michael Wilson appeals his conviction and sentence for murder and carrying a handgun without a license. We affirm in part, vacate in part, and remand."
Marie Hlinko v. Yvonne and John Marlow - "We affirm. The sole restated issue is whether the trial court abused its discretion by denying Hlinko’s motion to continue the trial and by denying her motion to correct error."
NFP civil opinions (5):
Jack Andrew Watterson v. Kevin L. Jemerson and Mamie Darlene Jemerson (NFP)
Robert L. Forste, Jr., M.D. and Southern Indiana Orthopedics, Inc. v. Susan T. Greathouse (NFP)
Kevin Comerford v. Beth Comerford (NFP)
Tamara Sue Tenbarge v. Encore Healthcare Network (NFP)
NFP criminal opinions (6):
Melissa Hamler v. State of Indiana (NFP)
Adam Wood v. State of Indiana (NFP)
Walter Townsend v. State of Indiana (NFP)
Michael Kirk v. State of Indiana (NFP)
Audrey Michael Bryant v. State of Indiana (NFP)
Renee Filkins v. State of Indiana (NFP)
Posted by Marcia Oddi on April 17, 2007 12:49 PM
Posted to Ind. App.Ct. Decisions