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Friday, February 10, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased, an 18-page opinion, Judge Riley wrties:

Appellant-Defendant, the Commissioner of the Indiana Department of Insurance (the Commissioner), appeals the trial court’s denial of his motion to dismiss and its order granting Appellee-Plaintiff’s, Tim Black (Black), as husband and personal representative of Kay Black, deceased, Petition for Payment of Damages from the Patient’s Compensation Fund in an amount of $1,000,000.00. * * *

Issue. Whether the trial court properly denied the Commissioner’s motion to dismiss, concluding that Black satisfied the conditions precedent for access to the Patient’s Compensation Fund (PCF) as outlined in Ind. Code § 34-18-15-3. * * *

Based on the foregoing, we hold that a genuine issue of material fact exists whether Black has satisfied the condition precedent for access to the PCF pursuant to I.C. § 34-18-15-3. Reversed and remanded for further proceedings.

NFP civil opinions today (2):

Westfield National Insurance Company v. Charlotte Nakoa, Warren E. Rigg, Steven L. Rigg, and Larry D. Rigg (NFP)

Gregory J. Mills v. Dean Kimbley (NFP)

NFP criminal opinions today (1):

Robert O. Caruthers, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on February 10, 2012 12:35 PM
Posted to Ind. App.Ct. Decisions