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| Citizens Ins. Co. v. Ganschow, No. 18A02-0604-CV-312,
COURT OF APPEALS OF INDIANA, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Trial court erred in holding that two insurers each provided primary coverage with respect to a passenger's UM claims. Because the clauses were triggered by ownership of an accident vehicle, the first insurer's clause was triggered and the second insurer's was not; thus, the first insurer provided primary coverage and the second covered the excess.
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| Maust v. Estate of Bair, No. 50A04-0605-CV-270,
COURT OF APPEALS OF INDIANA, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Court did not have jurisdiction to review default judgment entered against inmate named as a defendant in a wrongful death action because the inmate did not first file a motion for reconsideration with the trial court under Ind. R. Trial P. 60(B). Inmate had not met requirements for indigency under Ind. Code § 34-10-1-1, and Ind. Code § 34-10-1-2.
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| Nye v. Robertson, No. 52A05-0604-CV-190,
COURT OF APPEALS OF INDIANA, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: A testamentary trust provision allowing the testator's husband to live in a house as if he had a life estate unless he remarried was a void condition in restraint of marriage under Ind. Code Ann. § 29-1-6-3, not a valid limitation upon the term of the devise. Accordingly, the husband, who had remarried, was entitled to live in the house for life.
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| Randolph County, Ind. v. Chamness, No. 18A02-0606-CV-493,
COURT OF APPEALS OF INDIANA, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Because the injury complained of by a passenger occurred in Randolph, rather than Delaware, County, pursuant to Ind. R. Trial P. 75(A)(3), Delaware was not a county of preferred venue; therefore, the trial court erred in denying the county's motion to transfer venue.
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| Fajardo v. State, No. 32S01-0606-CR-237,
SUPREME COURT OF INDIANA, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: When the State sought to amend an information charging class C felony child molestation by adding a charge of class A felony child molestation under Ind. Code § 35-42-4-3, the amendment was one of substance and under Ind. Code § 35-34-1-5(b) was permissible only up to 30 days before the omnibus date; an amendment sought 7 days later was untimely.
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| Olson v. Alick's Drugs, Inc., No. 71A03-0606-CV-274,
COURT OF APPEALS OF INDIANA, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: Where there was little to no evidence plaintiff or his lawyer had done anything to move case forward in the six months before it was dismissed for failure to prosecute, trial court did not abuse its discretion by refusing to reinstate complaint under Ind. R. Trial P. 60(B), because plaintiff failed to show mistake, surprise, or excusable neglect.
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