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Author Archives: Curtis T. Jones
Equity Required Insurer to Pay Policy Proceeds
In Marling Family Trust v. Allstate Ins. Co., ___ N.E.2d ___ (Ind. Ct. App. 2012), Indiana’s Court of Appeals reversed a trial court’s grant of summary judgment in favor of an insurer. In doing so, the Court of Appeals found that a mortgage … Continue reading
Posted in Homeowners, Property/Casualty Insurance
Tagged Equitable Lien, Equity, Foreclosure, Homeowners, Mortgagee
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Seventh Circuit Refuses to Expand CERCLA
Score one for the good guys — that is, if you occasionally root for insurance companies. ESBC was running a business model predicated on charging insureds and insurers thousands of dollars for post-accident environmental cleanups, based on the contention that … Continue reading
Posted in Claims Made, Coverage Defenses, Homeowners
Tagged CERCLA, enviromental cleanup, insurers
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Predicting Indiana UM/UIM Decisions Is “A Team” Effort
OK, we’re dating ourselves with this one. But if B.A. Baracus was a coverage attorney he would “pity the fool” who attempted to predict Indiana UM/UIM decisions. In 2006, the Indiana Court of Appeals in Kinslow v. Geico Ins. Co. … Continue reading
Posted in Coverage Defenses
Tagged Indiana Court of Appeals, limits, set off, UIM, UM, underinsured, uninsured
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