Red White & Blue Exclusive:
Celebrate the 4th of July with
$49 select seats for Foreigner!
USE CODE: FREEDOM
(Plus applicable tax & fees, while supplies last)
Offer begins NOW and ends
Sunday, July 7th at 10pm!
|
| Tickets can be purchased at
Old National Events Plaza Box Office |
Katie Stancombe for www.theindianalwyer.com
A federal appeals court reversed a breach-of-contract ruling for media company Emmis Communications Corp. arising from a shareholder dispute. The 7th Circuit Court of Appeals ruled the district court should have found in favor of Emmis’ insurer instead.
Indianapolis-based Emmis sued Illinois National Insurance Co. when the latter refused to pay up on a directors and officers liability insurance policy pruchased by Emmis to cover a period from Oct. 1, 2011 to Oct. 1, 2012. Emmis sought more than $4 million in legal fees that its insurer refused to cover.
That policy had an exclusion for any losses in connection with events that included “[a]ll notices of claim of circumstances as reported under policy 8181â€0068 issued to Emmis Corporation by Chubb Insurance Companies,†Emmis’ prior directors and officers liability insurance provider.
When three shareholders sued to stop Emmis from gaining control of its shares to go private, and Illinois National subsequently refused coverage, Emmis sought damages for breach of contract and breach of the duty of good faith and fair dealing.
Both parties sought summary judgment from the Southern District Court in Indianapolis. Emmis argued that coverage was appropriate, and Illinois National argued that the policy’s complex exclusion provisions prevented coverage. Illinois National further contended that the “as reported†provision excluded all notices that were reported to Chubb at any time, including the suit giving rise to this litigation.
However, Emmis claimed that it excluded only those notices that had been reported at the time that the policy went into effect two years prior to reported notice. The Southern District Court ultimately granted judgment in Emmis’ favor, concluding that while both interpretations of the term were reasonable, Emmis’ was better.
“The court thought that the past tense of ‘as reported’ must ‘refer[] to events that had already occurred at the time of drafting.’ It bolstered its holding by invoking the rule favoring coverage when multiple reasonable readings of an insurance policy might apply,†the 7th Circuit.
But the appellate court found the entire case could be resolved on the single issue of the meaning of “as reported.†It disagreed with the district court, finding Illinois National’s proposed interpretation to be correct.
“The phrase has no discernable temporal limitations. Once Emmis or one of its agents reports a claim to Chubb, at any time, then that claim is ‘reported’ — and so is excluded. The timing of the report is irrelevant,†Circuit Judge Amy Coney Barrett wrote for the panel.
“Emmis acknowledged in its brief that it did in fact report its claim to Chubb. That resolves our inquiry,†the panel continued. “The exclusion applies, so summary judgment should have been entered in favor of Illinois National.â€
The 7th Circuit thus reversed and remanded Emmis Communications Corporation v. Illinois National Insurance Co., 18-3392 for proceedings.
The Evansville Otters have announced an Otterbelle Dance Clinic to be hosted on July 27 for kids ages 5-12.
The clinic will consist of the Otterbelles teaching and working with kids on a dance routine, leading to a final performance.
Check-in begins at 9:30 a.m. with the clinic starting at 10 a.m. The clinic will go until 12 p.m. The clinic’s final performance will be at 6 p.m.
Registration and payment are due at Dance Clinic check-in.
Registration includes a General Admission ticket to the Otters’ game on July 27, performing the Dance Clinic routine with the Otterbelles during pregame ceremonies, and a commemorative t-shirt.
Participants should wear appropriate attire such as a t-shirt, shorts, and tennis shoes.
The registration form can be found online at evansvilleotters.com/promotions.
Completed forms should be mailed to 23 Don Mattingly Way, Evansville, IN 47711 or emailed to eurbina@evansvilleotters.com.
The Otters are celebrating their 25th anniversary season in 2019.
Wayne,
On Sun, Jun 30, 2019 at 7:16 PM Wayne Parke <wparke@wowway.com> wrote:
Alex R. Schmitt, Esq.
Indiana University School of Law – Indianapolis, 2011
Purdue University, 2007
schmitt2@umail.iu.edu
Boonville, IN. – Judy Valada Munyon, 71, of Boonville, Indiana went home to be with the Lord on Tuesday, July 2, 2019.
Judy was born in Evansville, Indiana on January 20, 1948 to the late Vaughn and Florence DeWeese.
Judy was a retired Middle School Teacher for 40 years with the Anderson Community School System. She loved to travel with her late husband Mark, read her Bible, play the organ, and most of all she loved her animals. Judy was a member of the Blue Grass Methodist Church.
She is survived by her sister-in-law, Teresa DeWeese of Boonville, IN; niece, Christie Still and her husband, Mike of Tennyson, IN; nephew, Jason DeWeese and his wife, Tasha of Nebraska; five great nieces, Makenze, Kyndel DeWeese of Knightstown, IN; Gracelyn, Macie Still of Tennyson, IN; Ivy DeWeese of Nebraska; several cousins from Evansville, IN;
Services will be 12 P.M. on Friday, July 5, 2019 at Koehler Funeral Home in Boonville, Indiana with Rev. Ben Lovell officiating. Burial will be at Blue Grass Cemetery in McCutchanville, Indiana.
Visitation will be 10 A.M. until 12 P.M. on Friday, July 5, 2019 at the funeral home.
Memorial contributions can be made in her name to any animal rescue center or to the National Stroke Association, 9707 East Easter Lane, Suite B, Centennial, CO. 80112.
To send flowers to the family of Judy Valada Munyon, please visit Tribute Store.
The Grizzlies opened the scoring in the bottom of the first inning with runners on first and second. Luis Roman smacked a two-run double for Gateway to give the Grizzlies a 2-0 lead.
The Otters responded in the top of the second to tie the game.
All-Star catcher Rob Calabrese led off the inning with a single.
Two batters later, Hunter Cullen ripped a double to the outfield, moving Calabrese to third, putting runners on first and second with one out.
With two outs, David Cronin smacked an RBI single to right field, scoring Calabrese, cutting the Grizzlies lead in half.
Keith Grieshaber, the next batter, rocketed a single to left field, scoring Cullen to tie the game at two.
Both teams would remain scoreless in the third, fourth, and fifth innings, but the Otters would break the 2-2 tie in the top of the sixth.
Jack Meggs led off with a single and was followed by Hunter Cullen who was hit by the pitch.
J.J. Gould laid a successful sac bunt to move Meggs and Cullen to second and third with one out, setting up another big spot for Cronin.
Cronin then walked to force the bases loaded with one out in the top of the sixth.
That would force Gateway to pull starter Dominic Topoozian, who earned a no-decision, throwing 5.1 innings, allowing three runs on seven hits with two strikeouts.
The third earned run came from the bat of Greishaber, hitting a sac fly to left field that scored Meggs, giving the Otters a 3-2 lead.
In the bottom of the sixth with two outs and two men on, Tyler Beardsley threw his last of eight strikeouts to get out of a jam. The reigning Frontier League Pitcher of the Week tossed six strong innings, allowing two runs on three hits, and unfortunately earning a no-decision.
Otters reliever Drew Beyer threw a scoreless seventh inning but could not shut down the Grizzlies in the eighth.
Connor Owings led off the bottom of the eighth with a single.
Two batters later, Roman singled, putting runners on first and second with one out.
After Andrew Daniel struck out looking, Dustin Woodcock crushed his three-run home run over the porch in right-centerfield, his first hit of the game, pushing the Grizzlies in front 5-3.
Grizzlies reliever Grant Black came on in the ninth and retired the Otters in order, earning the save.
