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Tuesday, May 17, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In Samaron Corp. v. United of Omaha Life Insurance (ND Ind., Lozano), a 6-page opinion, Judge Easterbrook concludes:

From beginning to end, Troyer’s brief rests on the asser tions that Holtz was misled by United and did not know that Troyer was the policy’s beneficiary. That approach commits the legal error of confusing Holtz with Troyer; the corpora tion’s knowledge, not Holtz’s, is what matters. And it com mits the factual error of ignoring what happened at the board meeting, where Buck made sure that everyone present knew that Troyer was legally entitled to the proceeds. If this left Troyer the corporation, or Holtz personally, in a state of confusion, either could have had a lawyer investigate and clear things up. Instead the board elected to let the money go to Buck, and we have explained why the route it took to get there does not matter. AFFIRMED

Posted by Marcia Oddi on May 17, 2016 10:39 AM
Posted to Ind. (7th Cir.) Decisions