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| Gibson v. Neu, No. 49A02-0608-CV-680,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided , May 30, 2007, Filed
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Overview: Because allowing home purchasers and their lender to be equitably subrogated to the extent of a first mortgage would place a mortgage lien holder in the same position as before the sale, and he would not be prejudiced, and, in fact, denying equitable subrogation would result in a windfall to the lien holder, equitable subrogation was proper.
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| Safe Auto Ins. Co. v. Farm Bureau Ins. Co., No. 44A03-0512-CV-594,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided , May 30, 2007, Filed
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Overview: Liability carrier was entitled to summary judgment in case regarding its coverage obligation because insured's omission relating to her move from Indiana to Michigan was material. Insured had a duty to inform the liability carrier of change in vehicle's garaging address, and liability carrier could have canceled policy for changing residence.
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| Stewart v. Vulliet, No. 12A02-0610-CV-896,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided , May 30, 2007, Filed
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Overview: Trial court did not err in finding mother waived any objection regarding child's home state under Uniform Child Custody Jurisdiction Act, Ind. Code § 31-17-3-1 et seq. (UCCJA), as she affirmatively requested that the trial court determine custody and did not challenge the home state determination under the UCCJA at the first opportunity.
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| Troyer v. Troyer, No. 20A03-0608-CV-384,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided , May 30, 2007, Filed
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Overview: Contempt order based on wife's filing of post-trial motions in dissolution of marriage action was error because motions did not disturb or disrupt proceedings and thus there was no direct contempt. Although this might have been indirect contempt, Ind. Code § 34-47-3-5 due process considerations were not afforded the wife before contempt finding.
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| Trustcorp Mortg. Co. v. Metro Mortg. Co., No. 71A05-0611-CV-665,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided , May 30, 2007, Filed
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Overview: As a mortgage broker was not in the business of performing property appraisals, and to hold the broker responsible for any and all unknown or hidden defects contained in the appraisal would in effect require the broker to become an appraiser, the broker was not contractually liable to a mortgage lender because of an allegedly defective appraisal.
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| Wolfe v. Estate of Custer, No. 46A03-0606-CV-256,
COURT OF APPEALS OF INDIANA, May 30, 2007, Decided
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Overview: Evidence, in a medical malpractice action, that osteopathic doctor failed to, inter alia, correctly diagnose the husband with a bowel obstruction or order an immediate surgical consultation, contributed to the "cascade" that led to the husband's sepsis and multi-system organ failure and was sufficient to support jury's verdict against the doctor.
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