Arthur R. Baxter, Jr. -- Indiana Attorney At Law

Indiana Supreme Court Monthly Wrap Up
June, 2006





In Morris v. Economy Fire and Casualty Company, an insured claimed to have suffered a theft loss at a storage facility and then turned in a claim against the insured's property loss coverage. The insurance company took a recorded statement from the insured. Not satisfied, the insurance company demanded an examination under oath and production of certain of the insured's documents. Because the insurer would not first release a transcript of the recorded statement, the insured refused to submit to the examination under oath and refused to hand over the documents to the insurer. Instead, the insured filed suit against the insurer in tort and for breach of contract. The insurer, on summary judgment, defended by asserting that the insured breached the provision of the policy requiring the insured, as often as "reasonably" required, to provide requested records and to submit to examination under oath. The insured argued on appeal that the insurer suffered no prejudice through the refusal to produce documents and the refusal to submit to an exam under oath. Rejecting this argument, the Court held that the insurer was entitled to enforcement of the examination-under-oath requirement and the production-of-documents requirement, even in the absence of prejudice. The court also found that there was nothing unreasonable in the insurer's insistence on compliance before it surrendered the recorded statement. The Court found in favor of the insurer.

In Lutz v. McCormick the court held that a party’s pleadings are subject to judicial notice and a fact admitted in a party’s pleading may be binding on that party as a judicial admission even if it is not subject to judicial notice.

The Patrick case reaffirmed that police are not immune from liability for negligence in the operation of their police cars, even where they are responding to an emergency call.

The Cain case held that a third party is not permitted to bring an insurance bad faith case.

The Dutchmen case discussed the liability of a landlord for dangerous instrumentalities on the leased premises.

In Garrison the court discussed the legal effect of a motion to correct error.

In Funston the court held that the plaintiff was contributorily neglifgent as a matter of law.

The Ryker the court discussed the Indiana Wage Payment Statute.

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