Insurance Law

Coronavirus and Mass Incarceration: Why Inmates Are Safer in Prison

MICHAEL CONKLIN, Powell Endowed Professor of Business Law, Angelo State University – San Angelo, Texas Anti-mass-incarceration advocates are using the coronavirus epidemic to argue for the early release of inmates.[1] Class action lawsuits on behalf of inmates include accusations of “deliberate indifference to the severe and obvious risk of rampant infection and death that COVID-19 […]

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(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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The Bitter End: Using POST to Encourage Pain Relief and Convey Patients’ End-of-Life Healthcare Wishes

Lori M. Craig J.D. Candidate, 2014, Indiana University Robert H. McKinney School of Law B.A. 1997, Indiana University – Bloomington, Bloomington, Indiana. lori.m.craig@gmail.com “’For Christ’s sake, let me die in peace!’ he said. . . . ‘You know perfectly well you can do nothing to help me, so leave me alone.’ ‘We can ease your […]

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