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   State Courts - Indiana - April 16, 2007

  
Arnett v. Cincinnati Ins. Co., No. 71A05-0605-CV-257, COURT OF APPEALS OF INDIANA, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: When an employer had expressly rejected excess UM/UIM coverage in an application for commercial umbrella coverage, as was permitted by Ind. Code § 27-7-5-2, the insurer was not required to provide excess UM/UIM coverage to an employee when the policy did not provide for such coverage. Because of the rejection, there was no expectation of coverage.

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Hlinko v. Marlow, No. 45A03-0607-CV-313, COURT OF APPEALS OF INDIANA, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: Trial court did not err in denying the alleged tortfeasor's motion to correct error in which she sought to set aside the trial court's denial of her motion to continue her trial; the claimant did not breach Ind. R. Trial P. 26(E)'s duty to supplement, as the claimant forwarded the relevant documents to the alleged tortfeasor without delay.

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T.W. v. State, No. 49A05-0608-JV-434, COURT OF APPEALS OF INDIANA, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: Although a violation of Ind. Code § 31-37-2-2 was the basis for revocation of a juvenile's probation, an independent adjudication of delinquency under Ind. Code § 31-37-2-1 was not sought; because a juvenile lacked permission to be at her sister's home and did not return when requested, the evidence was sufficient to revoke her probation.

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Wells v. Auto Owners Ins. Co., No. 88A04-0606-CV-288, COURT OF APPEALS OF INDIANA, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: Trial court properly granted summary judgment to an insurance company in its declaratory judgment action concerning the availability of liability coverage to the partners of a farm for an auto accident involving a vehicle owned by the farm, as a motor vehicle exclusion contained in the farm policy applied and barred coverage.

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Wilson v. State, No. 49A04-0606-CR-319, COURT OF APPEALS OF INDIANA, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: The trial court had violated a murder defendant's federal due process rights and Ind. Code § 35-38-1-3 by denying him the opportunity to present personal information at his sentencing hearing. The error was not harmless because testimony about such matters as defendant's depression and special education history was excluded.

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