Tuesday, November 12, 2013
Ind. Decisions - Transfer list for week ending November 8, 2013
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Here is the Clerk's transfer list for the week ending Friday, November 8, 2013. It is two pages (and 25 cases) long. Three cases were granted transfer last week:
- First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance - This is a May 13th COA opinion. From footnote 8:
We note that in many instances, when a court sets aside an agency action, it remands the case to the agency for further proceedings. See Ind. Code § 4-21.5-5-15. Considering our holding that the Commissioner’s failure to comply with the statutory deadline rendered his order void and he can no longer take action on the report that was the subject of the order, remand to the agency would serve no purpose and is, therefore, unnecessary. * * * On remand, the trial court must simply issue an order granting First American’s petition and declaring the Commissioner’s order void.
- Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange - This is a June 28th opinion where the COA concludes: Robinson appeals "summary judgment for Erie Insurance Exchange, which denied Robinson’s claim for uninsured motorist coverage after a hit-and-run accident. As the car that hit Robinson was uninsured as a matter of law, we reverse."
- Bruce Ryan v. State of Indiana - This is a July 31st decision invollving charges of prosecutorial misconduct. It also footnotes an April 18th NFP COA decision involving the same issue.
Posted by Marcia Oddi on November 12, 2013 09:59 AM
Posted to Indiana Transfer Lists