« Law - "Supply-and-Demand Has D.C. Top Law Firms' 'Summer Associates' Hitting Pay Dirt Without Breaking Much of a Sweat" | Main | Ind. Decisions - Supreme Court issues one today »

Tuesday, July 24, 2007

Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)

For publication opinions today (3):

In Travelers Casualty and Surety Co., et al. v. United States Filter Corp., et al., a 29-page opinion, the first 4 pages are taken up by the names of the attorneys. Judge Kirsch writes the opinion.

On appeal, Insurers raise the following issues: I. Whether the trial court erred in concluding that U.S. Filter acquired the rights to and is entitled to seek insurance coverage under Insurers’ policies when the relevant corporate transactions did not assign rights under those policies. II. Whether the trial court erred in holding that U.S. Filter is not, as a matter of law, precluded from seeking coverage under Insurers’ policies notwithstanding U.S. Filter’s noncompliance with the “consent-to-assignment” provision.

Appellee/Cross-Appellant Waste Management also raises the following issue: III. Whether the trial court erred in granting U.S. Filter rights under Insurers’ policies, but summarily denying Waste Management those same rights where no party requested such relief and no supportive evidence was designated.

We affirm in part, vacate in part, and remand.

This dispute arises from U.S. Filter and Waste Management’s (collectively, “Plaintiffs”) efforts to assert rights under insurance policies that were issued to predecessor or affiliate companies. Plaintiffs seek coverage for thousands of underlying bodily injury claims allegedly caused by claimants’ exposure to silica while working in the vicinity of the Wheelabrator blast machine (“Wheelabrator blast”). Relying on a long line of corporate transactions, Plaintiffs assert that they have rights under policies issued by Insurers.

In Liberty Mutual Insurance Company v. Roy Beatty and Vanda Beatty , a 10-page opinion, Judge Kirsch writes:
Liberty Mutual Fire Insurance Company (“Liberty Mutual”) appeals the trial court’s summary judgment in favor of Roy and Vanda Beatty (the “Beattys”). Liberty Mutual contends the trial court erred when it found that the Beattys were entitled to uninsured motorist/underinsured motorist coverage (“UM/UIM coverage”) under their umbrella insurance policy. We affirm. * * *

This appeal, reduced to its essentials, turns on whether the document signed by Roy is an effective rejection of UM/UIM coverage. * * *

Appellate courts consistently instruct insurance companies that terms of a policy will be interpreted liberally and read favorably to the insured. * * * Liberty Mutual’s presentation of an ambiguous rejection form to Roy during the policy’s term that asks whether he would like [to] give up existing coverage for which he has already paid, without consideration was ineffective to waive UM/UIM coverage. Accordingly, we affirm the trial court’s finding that the umbrella policy provided UM/UIM coverage, and its entry of summary judgment in favor of the Beattys and against Liberty Mutual.

In Darrel M. Maymon v. State of Indiana, a 9-page opinion, Judge Kirsch writes:
Darrel M. Maymon appeals the denial of his petition for post-conviction relief from his convictions on two counts of burglary as Class B felonies and two counts of burglary as Class A felonies. He raises the following restated issue: whether he received effective assistance of trial counsel when his attorney failed to move to sever the four charges. We reverse. * * *

Trial counsel’s failure to seek severance fell below an objective standard of reasonableness, and Maymon was prejudiced by his trial counsel’s failure to move for severance of the burglary charges. The post-conviction court erred when it denied Maymon’s petition for relief.

NFP civil opinions today (3):

Anne Moon v. Marcia Greene and Garry L. Greene (NFP) - "Intervenor Anne Moon appeals the trial court’s post-judgment order in the dissolution of the marriage of her daughter Marcia L. Greene (Wife) and Garry L. Greene (Husband). In its order, the trial court directed Moon to disburse the proceeds from the refinancing of the marital home that was jointly owned by Moon and Husband. Moon appeals claiming the trial court lacked subject matter jurisdiction to enter the order because Wife had already assigned her interest in the marital residence to Moon, Husband was paid the proceeds due under the Decree, and there was no evidence of fraudulent transfer. We affirm."

Ashok K. Gupta and Sudha R. Gupta v. Harbhupinder Bains, Rajwinder Kaur and Ashok Bhargava (NFP) - This case involves the applicability of a contractual arbitration provision to tort actions between the parties. "[W]e affirm the trial court’s order of dismissal and reference to arbitration."

Lake County Sheriff's Dept. v. Lorraine C. East-Miller (NFP) - "The Lake County Sheriff’s Department (“Sheriff’s Department”) appeals a decision of the Indiana Civil Rights Commission (“ICRC”) in favor of Lorraine C. East-Miller (“East-Miller”). The Sheriff’s Department raises one issue, which we restate as whether the ICRC erred by denying its motion to set aside the default judgment. We affirm."

NFP criminal opinions today (5):

Brandon C. Williams v. State of Indiana (NFP)

Joseph Roach v. State of Indiana (NFP)

Jesus Leal v. State of Indiana (NFP)

Phillip C. Rice v. State of Indiana (NFP)

Posted by Marcia Oddi on July 24, 2007 12:22 PM
Posted to Ind. App.Ct. Decisions