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CHANNEL 44 NEWS: Fate of Indiana Abortion Bill Uncertain

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Fate of Indiana Abortion Bill Uncertain

Two lawmakers in Indiana do not plan to act on the abortion bill authored by Ron Bacon. The measure addresses abortion reversal procedures. It requiring abortion providers to tell women considering drug-induced abortions that they can stop the…

LETTER TO THE CCO EDITOR: OPEN LETTER TO NEW HARMONY-BRIDGE TO NO AVAIL!

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BRIDGE TO NO AVAIL!

written by Daniel Barton Publisher of The New Harmony Gazette

Dear Harmonist Brothers and Sisters, Friends:

It was first reported in two of our local newspapers, The Posey County News and The Mt. Vernon Democrat, that things got pretty rowdy at the recent “Meet Your Representative” meeting or what was billed as the “Cracker Barrel Forum,” in Poseyville. Not that there’s anything wrong with some non-violent rowdiness in politics. The “people” still have a right to express their dissatisfaction with legislators as well as their satisfaction. However, we must all try to remember that everyone has a right to speak without being shouted down by other audience members. Mutual respect is the key! Here in New Harmony a rule that’s pretty much always followed by the audience in attendance.

What came to my attention in the press reports about the meeting were comments made by County Commissioner Carl Schmitz regarding our Harmony Way Bridge.

Commissioner Schmitz said that, “No one owns the bridge.” That statement is false! The fact is that the bridge is owned by the White County Bridge Commission. That is a long known fact. Commissioner Schmitz has no excuse for not knowing it. It’s very disappointing to hear that he made the remark.

His second remark was a little more encouraging, “Illinois doesn’t want it.” Something for which we should all be thankful. Illinois has had hundreds of public officials convicted of criminal offenses in the past fifty years. It is among the leading States in political corruption. More than 500 convictions since 1997. Indiana can clearly handle the problem of one bridge rehabilitation without involving Illinois, if necessary. Included in Illinois history is five Governors who have gone to prison, with one still serving his sentence. Instead of looking at our bridge as a liability maybe Commissioner Schmitz should begin looking at it as an asset to Posey County with the ability to bring in nearly a million dollars a year.

He followed that comment with a third facetious remark, “I wouldn’t drive over it on a four wheeler.” Back in July, I accompanied six other people on a stroll across our beautiful Harmony Way Bridge. Along for the walk was New Harmony Town Council President Alvin Blaylock, County Commissioner Jerry Walden, New Harmony Gazette writer, Ann Rains, New Harmony resident and Harmony Way Bridge activist and supporter, Lora Arneberg, U.S. Army Colonel Austin Elliott and Indiana Landmarks President, Marsh Davis. By the way, we all walked on the bridge at the same time. All the way across and back again, bouncing as we went. Not a ripple was felt by anyone on the trip. Maybe Commissioner Schmitz has underestimated the strength of this great structure or has never even been on it.

New Harmony Road Maintenance Supervisor Bobby Grider rides his bicycle back and forth over the Harmony Way Bridge every day from Illinois, where he lives, to Indiana, where he works.
No fear; huh Bobby?

Finally, Commissioner Schmitz’ most controversial statement was his interpretation of what it will cost to repair, rehabilitate and reopen our bridge. He said, “The cost to update the bridge is

$41 to 50 million dollars, and the County cannot afford that.” Now it may be that Commissioner Schmitz believes this piece of fiction has some truth, but most of us who have intently studied the engineering reports produced over the last five years find the comment laughable. Without documentary evidence of which engineering company developed the report that estimated these outrageous numbers that were quoted; they are just not believable. So I decided to follow up with Commissioner Schmitz. What follows is a transcription of our texting conversation on March 23 and 24th.

Dan Barton: Good day Commissioner Schmitz. On March 11th at a public meeting in Poseyville you stated that it would cost upwards of fifty million to reopen the Harmony Way Bridge. This is contrary to every report that I have ever read. It’s more than double the figure put out by Indiana to completely remove and replace the entire structure. More than two hundred times higher than the lowest estimates to reopen. Please provide me with provable documentation on how you came to your conclusion of fifty million. Respectfully. Dan Barton.

Commissioner Carl Schmitz: I have met with several State Officials and Il. (Illinois) Officials. In.(Indiana) says 20 plus million. Il.(Illinois) says that the cost will be over 45 million with costs over 50 million until it is completed. That is why they are not going to work on it for they will spend no money on S Il. (Southern Illinois) Take a boat ride to the Il.(Illinois) side and look at the last 1/3 of the bridge it was old and used when it was put up. It has holes in the floor and some of the steel is completely rusted out. I can not see shutting down our road department for 10 plus years to build one bridge. Look at the cost of the 3 bridges that we built recently have all cost over 1 million each are very small compared to this bridge.

Dan Barton: Thank you Commissioner Schmitz for your response regarding your statement about the cost of reopening the Harmony Way Bridge. Was the 40 to 50 million dollar cost you have stated as prohibitive costs the reason that you consistently voted NO for Posey County not taking title to the Harmony Way Bridge.

Commissioner Carl Schmitz: Yes, we cannot take on something that we can’t get usable or afford. We have many needs; hi speed internet, sewage, housing to get young people to come back and live in Posey County.

Dan Barton: Thanks again, Commissioner Schmitz, for your responses to my questions about the Harmony Way Bridge.
I have gotten responses from several New Harmony residents regarding your comments to me about the information that you received from Indiana and Illinois officials concerning their estimates to you about the cost of reopening the Harmony Way Bridge. In fact in my first text to you on this matter, I asked for something they are asking me about. Provable Documentation. Can you provide me with the engineers report that supports the 40 to 50 million dollars in costs to reopen the Harmony Way Bridge which you said State Officials claimed. I request a copy of that report from you to support the facts in the New Harmony Gazette story to follow. I would also like to have the names and contact information on the Indiana and Illinois Officials who gave this information on bridge reopening to you. Respectfully. Dan Barton. Publisher. The New Harmony Gazette.

Commissioner Carl Schmitz: I was at a meeting with Officials from both States at the Southern In(Indiana) highway office. I have it in file in the barn but can not get to it due to the fact that I had surgery last week. So it will be a couple of weeks before I can.

There is no reason to think that what Commissioner Schmitz says that he heard or saw relating to the fifty million dollars in costs to reopen the bridge is caused by a lapse of correct recall. He likely heard what he says he heard. What is in question however is the source of his comment. Who was it that proposed these costs and where is the certified engineer’s report that validates this statement?

None, not one, of the many engineering reports that I have reviewed concerning hands-on inspections of the Harmony Way Bridge, since it closed five years ago, even come close to Commissioner Schmitz’ figure of fifty million. That’s the reason I have asked him for the supporting documents. An engineer’s report will have a line by line cost estimate for each item of repair or replacement. We are not talking about razing and replacing the structure. Again, all of the reports I have personally reviewed say that the Harmony Way Bridge is repairable and can be salvaged for future use for far less than replacement of the bridge.

Will Commissioner Schmitz come up with the engineers report to prove his claim or will we all be left with his word alone?

As far as holes entirely through the roadbed; the stroll across the bridge in 2016 did not reveal any. Nor did any of the many photographs taken by bridge engineers over the last five years; that I have in my possession.

Commissioner Schmitz is not the only elected official to quote these very high and unsubstantiated repair and rehabilitation costs, his fellow County Commissioner Jim Alsop also quoted the same amounts at a New Harmony Kiwanis meeting in January 2015.

No doubt, there are many things that have to be taken care of by the County Commissioners, but what’s important here is the specific reason for Commissioner Schmitz voting “NO” for the County not taking title in 2015. Not the laundry list of items he mentions in his texts. They didn’t exist at that time. The specific reason, to which he admits to, was the $50 million dollars that he believed it would cost to restore or reopen the Harmony Way Bridge. Without the supporting engineers reports; that would be a highly inappropriate reason for a decision that adversely affected thousands of people in this part of Indiana and Illinois.

As far as the three items he lists, they also generate questions. Hi-Speed or Broadband internet is much more expensive than fixing up the bridge. One community in Utah was left with a debt of $185 million dollars and was still unsuccessful in operating the Government Owned Network that they tried to install. This wish is connected with the other two on his list; such as housing to attract young people to live in Posey County. Presumably to work at SABIC or Midwest Fertilizer. How is the County involved in young peoples housing you might want to ask? Tax abatements? Cheap mortgages? Public low income housing? Commissioner Schmitz is not clear!

And last but certainly not least, my community of New Harmony should be concerned about “sewage.” This topic has been brought to my attention several times since October 2016 by those in Posey County and Mt.Vernon, government. It seems that it’s connected with the “young peoples housing” and the “Hi-Speed Internet.” One big ball of wax. The catch is:

County Officials are aware that New Harmony has some excess capacity at their Sewage Treatment facility and they want to run all of the new sewers to that Plant. They don’t want to fix the bridge but they want to dump all of the millennial crap into New Harmony’s waste pool. And for what price? And what happens when that excess capacity is full to overflowing? What then? New waste pools for our Town? Who covers the sludge removal? Phosphorous treatment? How much capacity will they be allowed to take? How long is the lease contract? Ninety-nine years? Who paid the initial cost of the present facility? A lot of questions for Commissioner Schmitz! Certainly it will save the County and the Developers a lot of money. They will not have to build their own sewage plant.

I fear that the people of New Harmony are not going to wake up to this until their knee deep in….Shinola!

Indiana State Representative Wendy McNamara has also made similar claims about the imagined abject hopelessness of the Harmony Way Bridge; saying last September, that there were holes completely through the roadway and it was too costly to repair. In fact on Sept. 11, 2016 she said that she would send New Harmony Gazette writer Ann Rains photographs of the holes that she claims to have seen. So far no photographs have arrived. How about it Representative McNamara! Send those pictures to us!

I have personally tried to contact Representative McNamara and have had no luck reaching her. Only her office assistant, “Andrew.” I have asked Andrew if she uses email to communicate with the public, to which he answered “YES”. She has not responded to any of my emails or texts. Recently I left another message with Andrew to let her know that she is very difficult to reach and asked him to arrange a personal meeting with me. No luck. State Representative McNamara appears to be indisposed when it comes to New Harmony and the Harmony Way Bridge.

Heck! I only want copies of those photos showing holes in the roadway from underneath the bridge.

V.S. Engineers are on the Harmony Way Bridge even as we speak and it shouldn’t be too long before we get an update on the bridge’s current condition and the real cost of repairing and reopening it.

The New Harmony Gazette will keep you posted as this develops.

Just prior to giving the green light to go to press, The New Harmony Gazette received three photos by email of purported rust damage causing holes in the Iron substructure of the Harmony Way Bridge, from State Representative Wendy McNamara. These photos have now been forwarded by us to several Bridge Experts and Bridge Engineers in Indiana for further evaluation. At this time we do no know from looking at the photos, how large the holes are, where they are located on the bridge structure, what engineer’s report they were taken from, when they were taken and whether or not they weren’t part of an earlier repair project done on the bridge and may now be repaired. We can’t even be sure if they were taken on the Harmony Way Bridge. When these questions are answered the answers will be passed on to you, the public.

FOOTNOTES: The New Harmony Gazette is a monthly on-line and in print monthly publication reporting the happening of New Harmony proper.  Daniel Barton is the Publisher of this extremely informative monthly newspaper.

City County Observer posted this article without bias, opinion or editing.

Ivy Tech Community College Evansville Nursing Program Ranked 2nd in the State

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Ivy Tech Community College Evansville Nursing Program Ranked 2nd in the State

Ivy Tech Community College’s Evansville campus was recently ranked 2nd in Indiana as a best nursing program by registerednursing.org. The Associate in Nursing graduates from this campus over 2011-2014 scored an average of 97.17 when taking the RN licensing exam.

“We are so proud of the success of our students,” said Ivy Tech Evansville Chancellor Jonathan Weinzapfel. “The pass rates here in Evansville indicate the high quality of our programs and graduates, and the high demand for these graduates in area hospitals and other health-related facilities proves the success of the preparation our students receive.”

The 2nd place ranking is made by examining the NCLEX-RN licensing pass rates. According to registerednursing.org’s website, NCLEX-RN exam pass rates for all RN programs were collected for five years, 2011-2014, if available.
Once non-qualifying programs were filtered out, pass rates were analyzed and were averaged together and weighted by the recency of the exam.
If a school’s overall pass rate was the same as another school, additional characteristics were considered like the number of students taking the exam, and the number of years of exam data available.

At Ivy Tech, the Associate of Science in Nursing (ASN) degree can be completed in two years once a student is admitted into the program. Individualized tutoring and mentoring is provided by Ivy Tech faculty, and graduates are consistently in high demand throughout the state. After completing their ASN, graduates are qualified to work in hospitals, nursing and residential care facilities, home health care, physician offices, schools and health departments. Or, graduates who successfully pass the NCLEX-RN, may also continue their education by transferring to a four year university where they can enter BSN or MSN programs to earn bachelor’s or master’s degrees in nursing. Ivy Tech has over 20 transfer partner colleges and universities for its graduates to choose from.

Dean of Ivy Tech Evansville School of Nursing Gail Lindsay, said the faculty at Ivy Tech Evansville is unmatched in their dedication to the students. “Every day I see students and faculty who are working together to help the student be successful. Many of our students come to us with life challenges they are overcoming and still, they bring everything they have to the table and obviously, as the pass rates show, work to reach their end goal.”

In Indiana, 55 schools were analyzed for all five years, with 20 being ranked. Only 8 other states in the nation had more schools ranked than in Indiana.
______________________________________________________________________________________________
Ivy Tech Community College is the state’s largest public postsecondary institution and the nation’s largest singly accredited statewide community college system. Ivy Tech has campuses throughout Indiana. It serves as the state’s engine of workforce development, offering affordable degree programs and training that are aligned with the needs of its community along with courses and programs that transfer to other colleges and universities in Indiana. It is accredited by the Higher Learning Commission and a member of the North Central Association.

Adopt A Pet

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Palace is a 10-year-old female brown/orange torbie. She has a cute “grumpy cat” face, but don’t let it fool you – she’s very sweet! She also likes to talk. She will tell you all about her life, and how she’s ready to get out of this cage and into your car! Palace’s $30 adoption fee includes her microchip, vaccines, spay, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

2nd Annual Memorial Day Run and Salute to the Fallen! – Registration Open!

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  Evansville Memorial Day 5k/10k race and salute
 Garvin Park, Evansville, Indiana
  Monday, May 29th, 2017
 Please join us as we honor our Fallen Veterans during this special holiday event, recognizing them for their ultimate sacrifice for our freedom.  The day starts with a special salute to our Fallen Veterans at 8:00 a.m., followed by the 5k run/walk and 10k run.

5K Runners and Walkers, and 10K runners have the opportunity to bring attention to their own military service, or to dedicate their participation to a friend or family member who served. T-shirts will be included for runners and walkers, prizes awarded for top runners in each age and group category with registration. Timing will be handled by To The Finish LLC. For more information or to sign up, see below.

We ask that any active, reserve or inactive Veterans join us at 8:00 a.m. for a salute to the fallen and to our country’s flag.  If you know a Veteran please share this event with them.  We are offering a 10% discount for all Veterans participating in the 5K.  Coupon code: VETERAN

Click here for ONLINE RACE REGISTRATION

Military organizations and those serving the Veterans are invited to have a vendor booth to bring awareness and sell merchandise at the event. For more details and to RSVP email info@evansvilleevents.com

Monday, May 29th, 2017 – 8 a.m-12 a.m.

In 2016, and with your help, we raised $575.00 for 7 local Veteran Organizations!

This event is FREE to the public and everyone is invited to join Evansville’s only Memorial Day Run and Salute!

5K and 10K PARTICIPANT SIGNUP: Racers and walkers can register either online ($2.50 additional fee) or by mailing a downloadable entry form. Please mail check with completed form to address indicated.
5K Entry fee is $20 before May 15th, $25 after and $30 on registration day.
10K Entry fee is $30 before May 15th, $35 after and $40 on registration day.

HOT JOBS IN EVANSVILLE

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Web Developer
Redstitch – Evansville, IN
A passion for helping businesses grow through technology and innovation. The ability to problem solve and develop solutions that meet our clients’ needs….
Education Manager
Junior Achievement of Southwestern Indiana – Evansville, IN
Strong relationship management skills with the ability to work with a variety of constituents, including C-Suite executives, corporate sponsors, special event…
Hillcrest Community Resource Specialist
Southwestern Healthcare  9 reviews – Evansville, IN
Must have a Bachelors Degree in Social Work, Psychology, Sociology, Criminal Justice, or a related Human Service degree and must be able to pass a criminal…
Warehouse Person (Loader) – PT/Evenings
PepsiCo  5,787 reviews – Elberfeld, IN
Pass the drug test and physical capabilities test (if applicable). Experience working in a warehouse environment (e.g., product storage, product staging,…
Administrative Manager
Evansville Company – Evansville, IN
Our firm is has an opportunity for a Administrative Manager to work in our Evansville office. Candidates must be highly analytical with demonstrated
Hoosier’s Cocktail
Tropicana Entertainment Inc.  6 reviews – Evansville, IN
High school diploma or general education degree (GED); Accurately collects drink order, presents order to Bartender, adds appropriate garnish, places on tray,…
Pricing Analyst
Atlas World Group Inc. – Evansville, IN
Effective problem-solving, organizational, and analytical skills. Atlas Van Lines is comprised of a family of companies that deliver transportation and related…
Branch Manager Trainee
Hertz  2,685 reviews – Evansville, IN
Ability to drive multiple types of vehicles. Minimum Associates Degree or Equivalent Industry Experience….
Communications Manager
Town of Fishers, IN – Fishers, IN
If you haven’t heard, there is lot going on in the City of Fishers! One of the fastest growing communities in Indiana, the City of Fishers is known for its
Patient Transport I
Deaconess Health System  25 reviews – Evansville, IN
Transports patients via a wheelchair or on a patient cart within the confines of the hospital. Provides excellent customer service to the patient, family and
Sales Operation Analyst
Specialty Foods Group, Inc. – Owensboro, KY
Bachelor’s degree in marketing, accounting, computer science or related field. Summary/Objective*….
Academic Advisors
University of Southern Indiana  45 reviews – Evansville, IN
The University of Southern Indiana invites applications for the two Academic Advisors for the Advising Center in the College of Nursing and Health Professions
Restaurant Marketing Director
Chick-fil-A Eastland Mall – Evansville, IN
Background: This is a part time or full-time position budgeted between 10 – 40 hours per week. Weekly time usage is approximately divided as: 50% generating
Courier Press Advertising Writer Internship – Summer 2017 — IN
Gannett  308 reviews – Evansville, IN
Skills and experience to produce high quality work. The Evansville Courier Press , part of the USA TODAY NETWORK, is in search of talented college students…
Courier Press Advertising Sales Internship – Summer 2017 — IN
Gannett  308 reviews – Evansville, IN
The Evansville Courier Press , part of the USA TODAY NETWORK, is in search of talented college students looking for an enriching paid Summer 2017 internship.
GBF Brand Manager
Townsquare Media  74 reviews – Evansville, IN
Townsquare Media Group Evansville, Indiana, United States Townsquare Media Evansville/Owensboro includes well-known brands like WBKR, WKDQ, WJLT, WDKS, WOMI
Academic Advising Assistant
Ivy Tech  396 reviews – Evansville, IN
High School diploma with at least one year of work experience in an office environment. Provides administrative support to the Academic Advising Center by…

USI hosting 10th annual LEGO® robotics competition

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The University of Southern Indiana’s Pott College of Science, Engineering, and Education will hold its 10th annual LEGO® Robotics Competition, from 9 a.m. to noon on Saturday, April 8 in the Griffin Center located on the USI campus.

The annual event is organized by the USI student chapters of the Society of Women Engineers (SWE) and American Society of Mechanical Engineers (ASME), and with support from the University of Southern Indiana Foundation. The event is hosted by an all-volunteer group of full-time students and is free and open to the public. Doors open at 8 a.m.

Local middle school or high school students will compete in teams of up to four students to work together to design, build and program a LEGO® Mindstorms® robot to complete the mission.

Up to 25 teams from the surrounding area will compete and be judged based on four criteria: design, presentation, creativity, and team spirit. Robotics is a rapidly developing field in research and industry. Students will have the opportunity to learn foundational elements of this field by designing, testing and implementing LEGO® robotic systems.

This year’s challenge theme centers on a group of Vikings who travel by ship to distant lands to trade goods for gold and must distract a dragon by giving him food so they can safely move the gold to their ships. Participating teams will build a robot that can deliver food to the dragon, take the gold, and deliver the gold safely to the ship. The primary objective is to navigate the course from starting block to ship platform. Each team will develop a strategy based on their objectives and skill level.

For more information, contact Natasha Smith, associate professor of engineering, at nlsmith@usi.edu or 812-465-1087.

St. Mary’s Hospital for Women & Children Birth Records

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Erin and Aaron Angermeier, Spottsville, Ky., Daughter, Ellie Harper, Mar. 18

Tracy and Derek Adams, Evansville, Son, Owen Dixon, Mar. 18

Katie and Clinton Omohundro, Evansville, Daughter, Miriam Rees, Mar. 18

Jill and Brandon Buck, Evansville, Daughter, Hazel Ann, Mar. 19

Savannah Matz and Charlie Baxter, Evansville, Daughter, Carley Jane, Mar. 19

Tina and George Greenwell, Evansville, Son, Kai Thomas, Mar. 20

Brianna Bare and Andrew Brock, Olney, Ill., Daughter, Charlotte Mae, Mar. 20

Sarah and Kyle Ziliak, Haubstadt, Ind., Son, Holden Allen, Mar. 21

Brianna and Christopher Wedding, Evansville, Son, Nash Christopher, Mar. 21

Raven and Jordan Gillihan, Mount Carmel, Ill., Son, Declan Brice, Mar. 21

Katelyn Grisham and Josh Brown, Mount Carmel, Ill., Son, Josiah Michael, Mar. 21

Dacre Hertel and Anthony Parrish, Mount Carmel, Ill., Daughter, Margritea Nikole Marie, Mar. 21

Mindy and Joseph Stocker, Evansville, Daughter, Stella Mical, Mar. 22

Leanne and Wesley Rees, Evansville, Daughter, Faith Marie, Mar. 22

Brittney and Justin Fortner, Robards, Ky., Daughter, Madelynn Sue, Mar. 22

Taylor McMillan and Tyler Ricker, Henderson, Ky., Son, Nolan Scott, Mar. 22

Candace Mahler and Josh Steele, Evansville, Son, Paxton Ray, Mar. 22

Racheal and Alan Grimwood, Chandler, Ind., Daughter, Raina Belle, Mar. 23

Brittany and Jordan Reiser, Evansville, Son, Jude Alexander, Mar. 23

Samantha Ommart and Kyle Hall, Evansville, Daughter, Aliannah Faye, Mar. 23

Sarah and Andrew Butcher, Evansville, Son, William Alan, Mar. 24

Jessica and Stephen Dickinson, Henderson, Ky., Daughter, Ila Gaile, Mar. 24

Amanda and Robert Cason, Newburgh, Ind., Son, Lincoln Robert, Mar. 25

COA affirms judgment for insurance company in work zone complaint

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COA affirms judgment for insurance company in work zone complaint

Olivia Covington for www.theindianalawyer.com

Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.

When Walsh Construction Co. began construction a traffic exchange involving Interstates 65 and 80 in Lake County, Roadsafe Traffic Systems Inc. was hired as a subcontractor to provide a safe traffic pattern through the work zone. The contract between Walsh and Roadsafe required the subcontractor to indemnify Walsh for any liability resulting from a failure in Roadsafe’s works. Roadsafe obtained a general liability insurance policy from Zurich American Insurance Co., as well as a $500,000-per-occurrence self-insured retention endorsement to the policy, and named Walsh as an additional insured.

When Boguslaw Maczuga was injured while driving through the work zone, he alleged that Walsh had negligently created an unsafe traffic pattern, leading to Walsh filing a complaint against Roadsafe. In its complaint against the subcontractor, Walsh alleged that Roadsafe had failed to indemnify Walsh and had breached its contract.

Walsh then notified Zurich of the Maczuga lawsuit and requested that the insurance company defend it. When Zurich denied that request, Walsh filed for declaratory judgment, alleging that the insurance company had a duty to defend and indemnify the construction group. Roadsafe intervened and the parties moved for summary judgment, which was awarded to Zurich.

Specifically, the Lake Superior Court found Zurich did not have a contractual obligation to Walsh because no claim had been made against Roadsafe for negligence. Additionally, the self-insured retention endorsement required Roadsafe to pay $500,000 before Zurich becomes obligated to pay. Thus, because no negligence claim was brought against Roadsafe, the trial court found that Zurich was not obligated to Walsh because the $500,000 threshold had not been met.

The Indiana Court of Appeals affirmed that decision Tuesday in Walsh Construction Company v. Zurich American Insurance Company, 45A04-1606-PL-1284, with Judge Edward Najam writing the appellate panel agreed with Zurich’s position that the SIR endorsement must be satisfied before it has obligations under the insurance policy.

While it is established in Indiana law that an insurer’s responsibilities as to its relationship with a single insured arise only “after the self-insured retention amounts specified in the policies are satisfied,” Najam wrote that the question of whether an SIR endorsement can apply to additional insureds on a policy, such as Walsh on Roadsafe’s policy, is a question of first impression. In Roadsafe’s policy, “self insured retention” is defined as “the amount or amounts which you or any insured must pay for all compensatory damages and ‘pro rata defense costs’ which you or any insured shall become legally obligated to pay… .”

“In other words, the SIR endorsement shifts the initial cost burden from Zurich to Roadsafe, the named insured, not just for Roadsafe’s damages and defense costs, but also for any additional insured’s damages and defense costs,” Najam wrote. “As such, the SIR endorsement amends Zurich’s obligation under the CLG policy to defend Walsh by placing the first $500,000 of that burden on Roadsafe.”