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Tuesday, March 28, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 11 NFP memorandum decision(s))

For publication opinions today (1):

In Walsh Construction Company v. Zurich American Insurance Company, et al. , a 17-page opinion, Judge Najam writes [ILB emphasis]:

Walsh Construction Company (“Walsh”) appeals the trial court’s entry of summary judgment in favor of Zurich American Insurance Company (“Zurich”) on Walsh’s complaint for declaratory judgment. Walsh raises three issues for our review, which we consolidate and restate as whether the trial court erred when it entered summary judgment for Zurich. As a matter of first impression, we hold that a self insured retention endorsement to a commercial general liability insurance policy requires the named insured to satisfy the amount of the endorsement, whether on its own behalf or on behalf of an additional insured, before the additional insured may seek to enforce the policy against the insurer. As that has not occurred here, we affirm the trial court’s entry of summary judgment for Zurich. * * *

In sum, we hold that, under the plain language of the SIR endorsement, Zurich has no obligation under the CGL policy to defend or indemnify Walsh until Roadsafe has satisfied the $500,000 SIR amount. Accordingly, we affirm the trial court’s entry of summary judgment for Zurich.

NFP civil decisions today (5):

Tara Jean Davies v. Guy Albert P Davies (mem. dec.)

Termination: S.J.-T. and K.T. v. Indiana Department of Child Services (mem. dec.)

Paternity: Amanda Newcomer v. John McQueary (mem. dec.)

CHINS: JB v. Indiana Department of Child Services (mem. dec.)

CHINS: JS v. Indiana Department of Child Services, et al. (mem. dec.)

NFP juvenile and criminal decisions today (6):

Cathy Byrd v. State of Indiana (mem. dec.)

Billy Guyton v. State of Indiana (mem. dec.)

Arlana McDade v. State of Indiana (mem. dec.)

John Browning, Jr. v. State of Indiana (mem. dec.)

Earl Beem v. State of Indiana (mem. dec.)

Willie Edward Williams v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 28, 2017 11:39 AM
Posted to Ind. App.Ct. Decisions