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Wednesday, April 20, 2011

Ind. Decisions - Insurance denial of coverage interlocutory appeal granted transfer now settled

As listed on the ILB's April 18th Upcoming Oral Arguments entry, April 27th was the date scheduled for oral argument before the Supreme Court in Allstate Insurance Co. v. Timothy Clancy, et al.

But according to an order filed at 4:30 pm on April 18th and now posted online:

By order dated March 10, 2011, the Court granted transfer of jurisdiction over this interlocutory appeal and vacated the Court of Appeals opinion. The parties have now filed a motion to dismiss this appeal because they have reached a mediated settlement.

Being duly advised, the “Joint Motion To Dismiss Further Proceedings” is GRANTED. The oral argument setting for April 27, 2011 is VACATED and this appeal is DISMISSED. Per Indiana Appellate Rule 58(A), the Court of Appeals’ opinion, reported as Allstate Ins. Co. v. Clancy, 936 N.E.2d 272 (Ind. Ct. App. 2010), remains vacated and is not precedent.

Posted by Marcia Oddi on April 20, 2011 01:23 PM
Posted to Ind. App.Ct. Decisions