Friday, April 28, 2006
Ind. Decisions - Transfer list for week ending April 28, 2006
Here is the Indiana Supreme Court's transfer list for the week ending April 28, 2006.
Three cases were granted transfer today, including Cinergy Corporation, et al. v. St. Paul Surplus Lines Insurance Company, et al.. From a 12/13/05 ILB entry:
Judge Riley states the issue to be:
Whether a policyholder of a first-layer liability insurance policy is entitled to payment of defense costs as they are incurred when the insurance policy does not contain a duty to defend clause or express language authorizing a delay in payment of those costs until determination of whether the underlying claims are covered. * * *Over two years of Transfer Lists: For other weekly transfer lists (going back to Feb. 2, 2004), check "Indiana Transfer Lists" under "Categories" below, or in the right column.
In sum, Cinergy’s arguments are merely attempts to identify imperfections in the insurance policy that simply do not rise to the level of ambiguity. Accordingly, mindful of our standard of review and in light of the evidence before us, we find that the insurance policy is clear and unambiguous, awarding defense costs upon the determination that the Underlying Lawsuit is covered by the policy.
CONCLUSION Based on the foregoing, we find that the unambiguous language of the policy only entitles Cinergy to payment of defense costs upon determination of coverage of the Underlying Lawsuit. Affirmed.
Posted by Marcia Oddi on April 28, 2006 03:01 PM
Posted to Indiana Transfer Lists