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| Cent. Ind. Podiatry, P.C. v. Krueger, No. 29A05-0606-CV-313,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: When a podiatry practice brought suit against a former employee based on a covenant not to complete, it was error to deny the practice a preliminary injunction. The practice had a protectible interest in its good will, the terms of the covenant were reasonable, and the practice had established that it was entitled to injunctive relief.
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| Cochran v. State, No. 33A01-0605-CV-174,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Under Ind. Code § 8-23-6-2, State was allowed to acquire property in order to carry out its responsibility of reconstructing state highways and to perform all actions necessary to carry out such reconstruction. Clearly, this included the construction of drainage facilities to accommodate additional run-off from a road reconstruction project.
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| Elliott v. Allstate Ins. Co., No. 49A02-0604-CV-363,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: When an insured's sister was involved in an accident in which the insured was seriously injured, but the sister did not show physical manifestations of the depression she suffered as a result, her emotional distress claim was covered under a bodily injury provision. Furthermore, her claim was subject only to the "each accident" limit of liability.
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| Estate of Scholz v. Kirk, No. 37A03-0601-CV-1,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: When a personal representative who had a life estate to farm the land rented the farmland to himself at an amount less than the fair market rental value, he had engaged in self-dealing under Ind. Code § 29-1-16-1, and the trial court properly ordered that he pay a fair market rent. It was immaterial that one of his two siblings had consented.
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| Mahan v. Am. Std. Ins. Co., No. 18A02-0601-CV-66,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Insurer's policy did not require it to provide an insured with a defense, as none of the injured parties filed suit against the insured. Further, insurer did not breach its duty of good faith, as court could not say that, given evidence, insurer acted with dishonest purpose, moral obliquity, furtive design, or ill will when it filed interpleader.
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| Ware v. State, No. 49A04-0602-CR-76,
COURT OF APPEALS OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Evidence obtained in search pursuant to warrant was admissible as information in affidavit corroborated anonymous informant's statement; defendant did not show failure to include original identification was done with intent to make affidavit misleading or that if original identification had been disclosed, no probable cause would have been found.
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| Whited v. Whited, No. 34S02-0701-CV-8,
SUPREME COURT OF INDIANA, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: The trial court wrongly applied a retroactive modification to reduce a father's support obligation during the time period between March 1991 and November 1993, where each of the children visited the father for extended periods of time, but at least one child remained in the mother's care at all times during this period.
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