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Monday, January 05, 2009

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Jan. 8:

9:00 AM - Tri-Etch, Inc. v. Cincinnati Insurance Company - In this insurance coverage dispute, the Marion Superior Court entered partial summary judgment for Plaintiffs and summary judgment for Cincinnati Insurance Company, concluding the Estate of Young's claim against Tri-Etch fell within the policies, but that Cincinnati owed no coverage because Tri-Etch gave Cincinnati unreasonably late notice of the claim. The Court of Appeals affirmed in part, reversed in part, and remanded with instructions to enter summary judgment for Plaintiffs on the issues of notice and coverage and to determine the defense costs owed by Cincinnati. Cincinnati has petitioned the Supreme Court to accept jurisdiction over this appeal. Attorneys for Tri-Etch, Inc.: Debra H. Miller and James R. Fisher, Indianapolis, IN. Attorneys for Scottsdale Ins. Co.: Lloyd H. Milliken and Lucy R. Dollens, Indianapolis, IN. Stacy M. Broman and Jacob S. Woodard, Minneapolis, MN. Attorneys for Cincinnati Ins. Co.: Richard R. Skiles and janet M. Prather, Indianapolis, IN. Attorneys for Amicus Curiae Ins. Inst. of Indiana, Inc.: John C. Trimble and Richard K. Shoultz, Indianapolis, IN. Attorneys for Amicus Curiae Property Cas. Insurers Ass'n of Am.: Karl L. Mulvaney, Martha S. Hollingsworth and Barry C. Cope, Indianapolis, IN. Attorneys for Amicus Curiae Complex Ins. Claims Litig. Ass'n: Michael A. Dorelli, Patrick J. Olmstead, Jr. and Jason L. Fulk, Indianapolis, IN. Laura A. Foggan and Benjamin J. Theisman, Washington, D.C. [Note: The COA opinion was Tri-Etch Inc., et al v. Cincinnati Insurance Co., decided 7/24/08. See ILB summary of COA opinion here, 5th case.]

9:45 AM - Allianz Insurance Company v. Guidant Corporation - In this insurance coverage dispute, the Marion Superior Court entered partial summary judgment in favor of the policyholders. The Court of Appeals reversed, holding that the policy's "batch clause" was not triggered, and thus the policy's self-insured retention was not exhausted. Allianz Ins. Co. v. Guidant Corp., 884 N.E.2d 405 (Ind. Ct. App. 4/17/2008). The policyholders have petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys For Appellants: Richard A. Smikle, Andrew J. Miroff, and Brian J. Paul, Indianapolis, Indiana. Lazar P. Raynal and Geoffrey A. Vance, Chicago, Illinois. Attorneys For Appellees: George M. Plews, Jeffrey D. Claflin and Todd Janzen, Indianapolis, Indiana. G. Andrew Lundberg, Los Angeles, California. Mary Rose Alexander, Chicago, Illinois. [Note: See ILB summary of the COA opinion here, 2nd case. The discussion of Rule 9 is must reading.]

10:30 AM - Robert Rovai v. Ann Marie Rovai - When dissolving the parties' marriage and dividing their property, the Lake Circuit Court entered a money judgment in favor of the ex-husband but made the ex-wife's payment of that money due upon the occurrence of one of several future events and specified that no interest would accrue on that judgment. The Court of Appeals affirmed. In re Marriage of Rovai, 891 N.E.2d 177 (Ind. Ct. App. 8/4/2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Robert Rovai: George P. Galanos, Crown Point, IN. Attorney for Ann Marie Rovai: James J. Nagy, Munster, IN. [Note: See ILB summary here, 2nd case.]

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Wednesday, Jan. 7th:

1:30 PM - Larry Cox vs. Allen Matthews - Appellant's allege that the testimony of a witness was improperly admitted, the verdict was excessive and the procedure for appointing the Special Judge was improper. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Barnes [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on January 5, 2009 08:05 AM
Posted to Upcoming Oral Arguments