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Monday, March 14, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

For publication opinions today (1):

In Phillip Forman, et al. v. Western Reserve Mutual Casualty Company, et al., a 6-page opinion, Judge Baker writes:

Appellants-third-party-defendants Wayne Penn, Lisa Orr, and Bradley Orr (collectively, the Appellants) argue on rehearing that the trial court erroneously granted summary judgment in favor of appellee-third-party-plaintiff Western Reserve Mutual Casualty Company (Western Reserve). Specifically, the Appellants contend that the trial court erred by concluding as a matter of law that Western Reserve does not have a duty to defend them from the lawsuit filed against them by Phillip Forman. Finding no error, we affirm. * * *

We sympathize with the Appellants’ argument that they are entirely innocent of any connection between Forman and his decision to steal and consume Lisa’s methadone. We acknowledge that the Appellants justifiably believe that Western Reserve should defend them under these circumstances. Unfortunately for the Appellants, the language of the policy is clear and unambiguous that Forman’s injury, which arose out of his illicit use of a controlled substance, is excluded from liability coverage. Consequently, the trial court properly entered summary judgment in Western Reserve’s favor on the issue of its duty to defend the Appellants.

NFP civil opinions today (3):

Term. of Parent-Child Rel. of C.D. and K.D.; R.D. v. IDCS (NFP)

City of Peru, et al. v. Matthew and Tracy Lewis (NFP)

Teri and Robert Steinborn v. LaPorte County Board of Zoning Appeals, et al. (NFP)

NFP criminal opinions today (4):

James Larkin v. State of Indiana (NFP)

Donald King v. State of Indiana (NFP)

Terry Lee Krzeminski v. State of Indiana (NFP)

Sonya Barger v. State of Indiana (NFP)

Posted by Marcia Oddi on March 14, 2011 01:01 PM
Posted to Ind. App.Ct. Decisions