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Indiana Court of Appeals: Residential Insurance Policy Requiring Claim Against Insurer be Filed in Under 2 Years is Void

WP Admin | Feb 22nd, 2013

This week we discuss the major Indiana Court of Appeals decision, which found that not only is an insurance policy’s limitation for bringing a suit against the insurer to less than the statutory period set forth by statute void, but that the limitation period is not then the minimal period that could have been agreed upon but rather the full statutory period for breach of contract actions.

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Featured Post

The Discovery Rule: Landers v. Wabash Center, Inc.

WP Admin | Feb 15th, 2013

In this week’s post we examine Indiana’s application of the Discovery Rule that, when applicable, can permit a claim to proceed even though it was filed after the statute of limitations has run. This discussion is conducted in the confines of the recent Indiana Court of Appeals case Landers v. Wabash Center, Inc. authored by former longtime Indiana Chief Justice Randall Shepard acting in his capacity as a Senior Judge.

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Wrongful Death Act and Fraudulent Concealment

WP Admin | Feb 1st, 2013

This week we examine the landmark Indiana Court of Appeals decision in Alldredge v. The Good Samaritan Home, Inc. which applied the fraudulent concealment doctrine from medical malpractice cases to the Indiana Wrongful Death Act and held that the two-year limitation to bring an action is tolled until such time as discovery could reasonably be made.

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