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Wednesday, May 25, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)

For publication opinions today (1):

In Estate of Bradley Kinser, et al. v. Indiana Insurance Company , a 14-page opinion, Chief Judge Robb writes:

Following Bradley Kinser‟s car accident and death while driving his girlfriend‟s car, Kinser‟s auto insurance carrier, Indiana Insurance Company, filed for a declaratory judgment that it is not obligated to cover any losses because Kinser‟s policy excluded coverage for a vehicle furnished or available for his regular use. The Estate of Bradley Kinser, Natalie Rike, Ava Rike, Rachel Kinser, Don Page, Jayne Page, and Erie Insurance Company (collectively “Appellants”), appeal from the trial court‟s grant of summary judgment in favor of Indiana Insurance and denial of their own motion for summary judgment. On appeal, Appellants raise two issues, which we restate as whether the trial court erred in concluding that Indiana Insurance is entitled to judgment as a matter of law, and that Appellants are not entitled to judgment as a matter of law. Concluding that a genuine issue of fact remains and that neither Appellants nor Indiana Insurance is entitled to judgment as a matter of law, we reverse and remand. * * *

Conclusion. A genuine issue of fact remains as to whether the Focus was furnished or available for Kinser‟s regular use, thereby precluding summary judgment for either Indiana Insurance or Appellants. Accordingly, we reverse the trial court‟s summary judgment and remand for further proceedings consistent with this opinion.

NFP civil opinions today (4):

Keith McClaran, et al. v. Mortgage Electronic Registration Systems, Inc. (NFP)

Term. of Parent-Child Rel. of C.S.; C.S. v. I.D.C.S. (NFP)

Paternity of C.C.; M.L. v. J.C. (NFP)

Joseph Wright v. Aquavalyn Wright (NFP)

NFP criminal opinions today (8):

Otis Allen Tate, Jr. v. State of Indiana (NFP)

Clint Cullen v. State of Indiana (NFP)

Timothy S. Hanna v. State of Indiana (NFP)

Michael Nordman v. State of Indiana (NFP)

Jimmy E. Griffin II v. State of Indiana (NFP)

Elliott J. Welch v. State of Indiana (NFP)

Mark Smith v. State of Indiana (NFP)

Anthony Johnson v. State of Indiana (NFP)

Posted by Marcia Oddi on May 25, 2011 12:44 PM
Posted to Ind. App.Ct. Decisions