Insurance Law

(Implicit) Consent to Intimacy

There is convincing evidence that persons in nursing homes, even persons with dementia in its later stages, benefit physically, mentally, and emotionally from close contact with loved ones, including conversation, touch, hugs and embraces, kissing, and sex. Nevertheless, nursing homes often discourage ongoing intimate relationships because of logistical, financial, and other considerations.

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Simultaneous Death and the Indiana Wrongful Death Statute: Resolving the Ambiguities of the Statute when the Order of Death is Ambiguous

by Jon Noyes (Attorney Profile) Wilson Kehoe Winingham LLC 2859 N. Meridian St. Indianapolis, IN 46208 (317) 920-6400 wkw.com [Editor’s Note: This is the second article Jon Noyes has written for the Indiana Law Review Blog. You can find his first article here.] Indiana’s adult wrongful death statutes group individuals into two categories:  (1) adults who were […]

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The Dreaded Pre-Tender Issue: Indiana Courts Should Reconsider Whether Pre-tender Costs are Recoverable

by Ryan T. Leagre (Attorney Profile) [i] Associate Plews Shadley Racher & Braun LLP 1346 N. Delaware St. Indianapolis, IN 46202-2415 (317) 637-0700 rleagre@psrb.com The ability of a policyholder to recover pre-tender costs is an evolving area of insurance coverage law. In Dreaded, Inc. v. St. Paul Guardian Insurance Company, the Indiana Supreme Court held […]

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How Corporate Transactions Can Make Liability Insurance Coverage Disappear

by Lara Langeneckert Deputy Solicitor General Office of the Indiana Attorney General lara.langeneckert@atg.in.gov Imagine you are a successful widget manufacturer, and you have just expanded your business by purchasing another widget company called Acme. In the sale, you received all of Acme’s corporate assets, including its commercial general liability (“CGL”) insurance policy [1] from Flanders Insurance. […]

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