Choice of Law Admission of Extrinsic Evidence Insurer Allocation Pre-Tender FeesStatute of Limitations
Most intimate contacts testFacts known or available to the insurerIf one claim is potentially covered, must defend entire suitNot recoverable20 Years
Employers Ins. of Wausau v. Recticel Foam Corp., 716 N.E.2d 1015, 1024-25 (Ind. Ct. App. 1999)Walton v. First American Title Ins. Co., 844 N.E.2d 143, 147 (Ind. Ct. App. 2006)
Hayes Lemmerz International, Inc. v. Ace American Ins. Co., 619 F.3d 777, 781 (7th Cir. 2010) (“[W]e must consider what exactly triggers the duty to defend. A much-criticized (but never overruled) decision by the Indiana Supreme Court states that the “duty to defend is determined solely by the nature of the complaint . . . This could be interpreted to mean that the insurance company only has to read the complaint. But that interpretation is not inevitable; ‘nature of the complaint’ might refer to the allegations of the complaint plus additional facts known or reasonably ascertainable by the insurer. This interpretation has support in Indiana law . . . reflecting the “modern trend” in insurance law . . . see, e.g. Scottsdale Ins. Co. v. MV Transportation, 36 Cal.4th 643, 31 Ca.Rptr.3d 147, 115 P. 3d 460, 466 (2005)”). Scottsdale Ins. Co. v. MV Transportation clarifies that facts that reveal that “the complaint could be fairly amended to state a covered liability” can reveal that a defense is due.
All-Star Ins. Corp. v. Steel Bar, Inc, 324 F. Supp. 160, 163 (N.D. Ind. 1971)Milwaukee Guardian Ins., Inc. v. Reichhart, 479 N.E.2d 1340, 1343 (Ind. Ct. App. 1985)(Ind. Code § 34-11-2-11)
Pre-Judgment Interest Late Notice Public Policy Bar Independent CounselAtty's Fees/Decl. Relief Action
8%Unreasonable delay and prejudiceBar to indemnityMay choose own counselNot recoverable absent bad faith
(Ind. Code §§ 24-4.6-1-102 and 103)Askren Hub States Pest Control Servs. v. Zurich Ins. Co., 721 N.E.2d 270, 277-80 (Ind. Ct. App. 1999)Sans v. Monticello Ins. Co., 676 N.E.2d 1099, 1102 (Ind. Ct. App. 1997)Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Standard Fusee Corp., 917 N.E.2d 170, 187 (Ind. Ct. App. 2009)Mikel v. American Ambassador Cas. Co, 644 N.E.2d 168, 173 (Ind. Ct. App. 1994)