Tuesday, June 10, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
Several times in the past, the ILB has reviewed 7th Circuit opinions that cited approving to language written by Theresa L. Springmann, Judge for the Northern District of Indiana, Fort Wayne Division. Today's opinion, by Judge Bauer, goes one step further, physically incorporating into the 7th Circuit opinion Judge Springmann's entire 27-page, Nov. 5, 2007 district court ruling.
In Nat'l Athletic Sportswear v. Westfield Ins., Judge Bauer writes:
In October of 2006, National Athletic Sportswear Company (“NAS”) filed a complaint against Westfield Insurance Company in Indiana state court, alleging that Westfield breached an insurance contract by refusing to pay NAS’s losses resulting from a burglary of its premises. Additionally, NAS complained that Westfield’s efforts to settle the claim were in bad faith. Westfield removed the case to federal court, and filed an answer, as well as a counterclaim seeking a declaratory judgment that NAS failed to comply with the terms of the Examination Under Oath (“EUO”) provision in the policy, because NAS refused to submit to Westfield’s request for a second EUO. Subsequently, Westfield moved for summary judgment. The district court granted the motion, concluding that it was not unreasonable for Westfield to require a second EUO, therefore NAS breached the contract by failing to comply with the terms and conditions of the policy, and that Westfield did not breach its good faith duty.
NAS objects to the district court’s findings and further argues that material issues of fact existed as to both claims. Because the district court issued a thorough and well-reasoned opinion and order that does not contain any error, we adopt the district court’s opinion and order dated November 5, 2007, as our own and AFFIRM the judgment of the lower court on all counts. A copy of the district court’s November 5, 2007 opinion and order is attached and incorporated herein.
Posted by Marcia Oddi on June 10, 2008 11:12 AM
Posted to Ind. (7th Cir.) Decisions