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Monday, April 06, 2015

Ind. Decisions - Supreme Court, 3-2, reinstates COA opinion in environmental insurance case

The Supreme Court heard oral argument April 2nd in the case of Indiana Insurance Company v. Patricia Kopetsky.

In an order filed that same day, but posted this morning, the Court writes:

By orders dated February 26, 2015, the Court granted petitions seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinions reported as Indiana Insurance Co. v. Kopetsky, 11 N.E.3d 508 (Ind. Ct. App. 2014), and Indiana Insurance Co. v. Kopetsky, 14 N.E.3d 850 (Ind. Ct. App. 2014), should be reinstated as Court of Appeals precedent.

Accordingly, the orders granting transfer are VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

Rucker, Massa, and David, JJ., concur.
Rush, C.J., and Dickson, J., dissent from the denial of transfer.

Posted by Marcia Oddi on April 6, 2015 08:31 AM
Posted to Ind. Sup.Ct. Decisions | Indiana Transfer Lists