The Business & Insurance Litigation Newsletter for Indiana is a publication of Mallor Clendening Grodner & Bohrer LLP. The newsletter is written by attorneys in the firm’s Business and Insurance Litigation Department and edited by Lonnie D. Johnson, a Partner in the firm. The publication, which is mailed to over 600 business professionals, focuses on issues relating to insurance coverage and defense, business litigation, construction law, environmental claims, employment liability, professional liability, motor carrier liability, and product liability.
This publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for informational purposes only. If you wish to have your name added to our mailing list for the Business & Insurance Litigation Newsletter for Indiana, please send your name, organization, and mailing address to info@mcgb.com.
Business & Insurance Litigation Newsletter for Indiana
Spring 2008
Breach of Fiduciary Duty by Employees
Insurer Cannot Intervene in Tort Action
Unfulfilled Promises Sufficient to Support Actions for Fraudulent Concealment
Unfulfilled Promises Sufficient to Support Actions for Fraudulent Concealment
Winter 2007
Confidentiality in Personal Injury Settlements May Cause Tax Issues
Contractors May Bring Suit to Challenge Award of Contract on Public Project
Covenants Not to Compete Are Strictly Construed Against Company
Lost Profits of S-Corp May be Recoverable in Personal Injury Action
Third-Party Beneficiary Exception Does Not Allow Bad Faith Claim Against Insurer
Spring 2007
Assertion of Wage Claim Not Sufficient to Support a Claim for Retaliatory Discharge
Contractor Liability for Injuries Sustained by Workers
Landmark Decision Provides Product Defendants with Compliance Defense
No Common Law Duty to Maintain Adjacent Sidewalks
Fall 2007
Directors and Officers of a Corporation May Be Personally Liable to Shareholders
Excess Insurer Lacks Privity to Legal Malpractice Claims
Insurers May Be Prevented from Raising Coverage Defenses
Parody Defense to Defamation Suits
Spring 2006
Asserting Lack of Personal Jurisdiction Defense
Indiana Adopts Third-Party Exception for Recovery of Attorney Fees
Indiana Law Provides Strong Causation Defense Against Toxic Tort Claims
Insurer's Duty to Defend Determined by Both Pleadings and "Reasonable" Investigation
Shareholders in Closely Held Corporations May Bring Direct Actions Against Other Shareholders
Tender of Written Settlement Offer Prerequisite for Recovering Prejudgment Interest
Fall 2006
Claims for Environmental Contamination Under CERCLA
Indiana Supreme Court Decision Expands Insurance Coverage for Personal Injuries Caused by Criminal Conduct
Prejudgment Interest in State Contract Actions
New Required Distribution Rules for Retirement PlansReal Estate Developer Not Required to Ensure Future Compliance with Restrictive Covenants
Unborn Child May Be Covered by Underinsured Insurance
Summer 2005
Defendant May Be Liable for Acts of Independent Contractor
Injury-in-Fact and Multiple Trigger Theories Applied to Determine Coverage
Insured May Seek Indemnity From Policy of Choice
Plaintiff's Contributory Negligence May Bar All Recovery
Fall 2005
Construction Contract Damages Fall into Three Categories
Failure to Comply with Mediation Grounds for Dismissal
Indiana Does Not Recognize Tort for First-Party Spoliation of Evidence
Interpleader Actions
New Tax Deduction for Energy Efficient Commercial Buildings
Summer 2004
Acceptance Rule No Longer A Defense in Construction Cases
Actual Knowledge of Intoxication Required for Liability Under the Dram Shop Act
Assault & Battery Exclusion Precludes Coverage for Negligent Hiring and Supervision
Assumption of Duty
Implied Exception Doctrine Guards Against Losses Intentionally Caused by the Insured
Professional Services Exclusion Applies to Third Party Claims
Umbrella Policy May Provide Primary Coverage
Spring 2004
Contamination Does Not Affect Real Estate Title
Homebuyer's Waiver of Inspection Does Not Waive Implied Warranty
New Law Requires Homeowners to Allow Contractors
Subcontractor Cannot Recover from Owner Absent a Relationship
Fall 2004
Call Before You Dig
Employer Not Vicariously Liable Under Indiana Trade Secrets Act for Employee's Misappropriation of Trade Secrets from Former Employer
Enforceability of Restrictive Covenants in Commercial Lease
Winter 2003
Defense Tip: Contractor Defense
Diminution in Value of Property Not Covered
Scope of Damages
Set-Offs Against Underinsurance for Medical Payments
Settlement Set-offs No Longer Allowed in Indiana
Statute of Repose May Now Bar Asbestos Claims
Underinsured Coverage
