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Friday, March 14, 2014

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

For publication opinions today (1):

In State Board of Funeral and Cemetery Service v. Settlers Life Insurance Company , a 10-page opinion, Judge Baker writes:

In this case, we consider whether the product sold by appellee-petitioner Settlers Life Insurance Company (Settlers), comprised of an insurance policy with an option to assign the policy to a trust that funds funeral and burial goods and services purchased after death, falls under the Pre-Need Act. Here, appellant-respondent, the State Board of Funeral and Cemetery Service (the Board), appeals the trial court’s grant of Settlers’s motion for summary judgment in which it determined that Settlers’s insurance product did not fall within the statutory confines of the Pre-Need Act. The Board argues that Settlers’s product was intended to provide funding for the purchase of funeral services or merchandise, which is the same purpose the products regulated by the Pre-Need Act were intended to fulfill; the Board contends that all lawful funeral trusts must comply with the Pre-Need Act. We find that Settler’s product does not fall within the jurisdiction of the Pre-Need Act. Therefore, the judgment of the trial court is affirmed.
NFP civil opinions today (4):

In the Matter of the Termination of the Parent-Child Relationship of: K.D., S.D., and I.D., Minor Children, and D.D., Father v. The Indiana Department of Child Services (NFP)

Beverly K. Oswald v. CNB National Lending, LLC, Bryce A. Bly, Eric Swedenburg and Andrea Swedenburg (NFP)

C.B. v. G.N. (NFP)

Mary Sparks v. Harborside Nursing Home (NFP)

NFP criminal opinions today (3):

Cleveland Munoz v. State of Indiana (NFP)

Jason Roudebush v. State of Indiana (NFP)

David Lee Robinson v. State of Indiana (NFP)

Posted by Marcia Oddi on March 14, 2014 01:26 PM
Posted to Ind. App.Ct. Decisions