2015  |  Speaking Engagement

Speaker, “Environmental Insurance Coverage – Case Law Update” Indiana State Bar Association Annual Meeting. Sponsored by the Environmental Law Section

2009  |  Publication

Author, “Indiana Supreme Court Decision Emphasizes Importance of Prompt Notice to Insurance Carriers,” Indiana State Bar Association Environmental Law Section Newsletter, Fall 2009

2004  |  Publication

Author, “Venomous Reptiles and the Law,” Reptiles Magazine, September 2004, Vol. 30

2004  |  Publication

Author and Speaker, “Endangered Species Regulations and How They Impact the Utility Industry,” International Right of Way Association Environmental Seminars

2002  |  Publication

Author and Speaker, “Endangered Species Regulations and How They Impact the Utility Industry,” International Right of Way Association Environmental Seminars

2001  |  Publication

Author, “Recent Developments in the Seventh Circuit Impacting the Litigation and Funding of Complex Environmental Matters,” ICLEF Seventh Circuit Roundup

EXPERIENCE

• TBD Capital LLC v. Seneca Ins. Co., Cause No. 49D02-1309-PL-034683 slip op. (Marion Co. Superior Ct., Sept. 21. 2012) ($2.3M Judgment in favor of mortgage holder under first party property policy. Insurer denied claim based on alleged fraud in the application for insurance. Judgment included $1,239,718.88 in attorney fees for insurer’s unreasonable litigation.)
• SAMS Hotel Group LLC d/b/a Homewood Suites Hotel v. Auto Owners Ins. Co., Cause No. 49D14-0910-PL-049045 (Marion Co. Superior Ct., Sept. 21. 2012) (Summary judgment order holding that insurance and “waiver of subrogation” provisions of AIA General Conditions to AIA agreement between Owner and Contractor do not preclude claims against subcontractor who signed non-AIA contract).
• The Netherlands Ins. Co. v. Triplett Striping, Inc., 2012 U.S. Dist. LEXIS 26966 (W. D. Ky. Feb. 29, 2012) (Order dismissing first-filed federal declaratory judgment action regarding insurance coverage for pollution claim in favor of later-filed Indiana state court action based on doctrine of abstention).
• English Ave. Props., LLC v. Gillette Co., Cause No, 49F12-0401-PL-00001 (Marion Co. Superior Ct., June 17, 2011) (Summary judgment order holding ten-year statute of limitations applies to claims under Indiana’s Environmental Legal Action and Illegal Dumping statutes).
• Pound v. Airosol Co., Inc., 498 F.3d 1089, (10th Cir. 2007) (Addressing penalty and attorney fee issues in the context of a Clean Air Act citizen’s suit brought by a competitor and holding that a successful plaintiff is entitled to an award of attorney fees).
• Raybestos Prods. Co. v. Ind. Dep’t. Envtl. Mgmt., Cause No. 49D12-0209-PL-001553 (Marion Co. Superior Ct., Judgment Entries following bench trial dated June 12 & Oct. 30, 2006) awarding $16,363,012.91 for damages incurred by manufacturer in performing cleanup in excess of the costs of the risk-based cleanup mandated by agreed order between manufacturer and IDEM (reversed by Ind. Dept. Envtl. Mgmt. v. Raybestos Prods. Co., 897 N.E.2d 469 (Ind. 2008), reh’g granted, in part, by Ind. Dep’t of Envtl. Mgmt. v. Raybestos Prods. Co., 903 N.E.2d 471 (Ind. 2009) (correcting misstatement of standard of review applicable to administrative review of agency actions), cert. denied, Raybestos Prods. Co. v. Ind. Dep’t of Envtl. Mgmt., 130 S. Ct. 196 (U.S. 2009)).
• Lummis v. State Farm Fire & Cas. Co., Cause No, 1:04cv0080 DFH-VSS (S.D. Ind., Dec. 14, 2005) (Jury verdict awarding policyholder damages for insurer’s improper failure to pay fire loss claim).
• Pound v. Airosol Co., Inc., 316 F. Supp. 2d 1079 (D. Kan. 2004) (Summary judgment order holding manufacturer and sellers of aerosol pesticide violated the Clean Air Act through illegal use of HCFCs).
• RAP Indy, LLC and MSI Lynhurst Indianapolis Grocery v. Zurich American Insurance Company and The Travelers Indemnity Company, Case No. 19-cv-04657 (S.D. Ind. No. 19-cv-04657, Oct. 29, 2021).  This case involved significant copper theft at an abandoned grocery store.  Plaintiffs settled with both insurers on favorable terms.
• Massa Capital LLC v. Moshe Rudich et al. Marion County Superior Court Civ. Div 1 (May 7, 2020).  This case involved a breach of a loan agreement resulting in a summary judgment in favor of the plaintiffs and a final judgment of $2,151,200 plus $49,863.89 with interest continuing daily at $1,225 until the principal is paid in full.
• Boone County Assessor in Meijer Stores Limited Partnership v. Boone County Assessor Ind. Bd of Tax Rev. (Aug. 28, 2019)) where Meijer appealed to reduce the assessed values for four years assessments. The Boone County Assessor prevailed in the IBTR and the Indiana Tax Court affirmed the IBTR decision (19T-TA-00030, Dec. 31, 2020).
• Richardson’s RV v. Indiana Dep’t. of State Rev., 112 N.E.3d 192 (Ind. 2018). Represented Indiana Board of Tax Revenue before the Indiana Tax Court in a case involving an RV dealer in Northern Indiana that was attempting to avoid paying Indiana sales tax if it took RVs it sold to certain out-of-state customers into Michigan before handing over the keys. On Petition for Review, the Indiana Supreme Court reversed the Tax Court decision (80 N.E.3rd 292, Tax Court 2017) that granted summary judgment for Richardson’s RV and, instead, entered judgment in favor of the Indiana Dept. of State Rev.
• TBD Capital LLC v. Seneca Ins. Co., Cause No. 49D02-1309-PL-034683 slip op. (Marion Co. Superior Ct., Sept. 21. 2012) ($2.3M Judgment in favor of mortgage holder under first party property policy. Insurer denied claim based on alleged fraud in the application for insurance. Judgment included $1,239,718.88 in attorney fees for insurer’s unreasonable litigation.)
• SAMS Hotel Group LLC d/b/a Homewood Suites Hotel v. Auto Owners Ins. Co., Cause No. 49D14-0910-PL-049045 (Marion Co. Superior Ct., Sept. 21. 2012) (Summary judgment order holding that insurance and “waiver of subrogation” provisions of AIA General Conditions to AIA agreement between Owner and Contractor do not preclude claims against subcontractor who signed non-AIA contract).
• The Netherlands Ins. Co. v. Triplett Striping, Inc., 2012 U.S. Dist. LEXIS 26966 (W. D. Ky. Feb. 29, 2012) (Order dismissing first-filed federal declaratory judgment action regarding insurance coverage for pollution claim in favor of later-filed Indiana state court action based on doctrine of abstention).
• English Ave. Props., LLC v. Gillette Co., Cause No, 49F12-0401-PL-00001 (Marion Co. Superior Ct., June 17, 2011) (Summary judgment order holding ten-year statute of limitations applies to claims under Indiana’s Environmental Legal Action and Illegal Dumping statutes).
• Pound v. Airosol Co., Inc., 498 F.3d 1089, (10th Cir. 2007) (Addressing penalty and attorney fee issues in the context of a Clean Air Act citizen’s suit brought by a competitor and holding that a successful plaintiff is entitled to an award of attorney fees).
• Raybestos Prods. Co. v. Ind. Dep’t. Envtl. Mgmt., Cause No. 49D12-0209-PL-001553 (Marion Co. Superior Ct., Judgment Entries following bench trial dated June 12 & Oct. 30, 2006) awarding $16,363,012.91 for damages incurred by manufacturer in performing cleanup in excess of the costs of the risk-based cleanup mandated by agreed order between manufacturer and IDEM (reversed by Ind. Dept. Envtl. Mgmt. v. Raybestos Prods. Co., 897 N.E.2d 469 (Ind. 2008), reh’g granted, in part, by Ind. Dep’t of Envtl. Mgmt. v. Raybestos Prods. Co., 903 N.E.2d 471 (Ind. 2009) (correcting misstatement of standard of review applicable to administrative review of agency actions), cert. denied, Raybestos Prods. Co. v. Ind. Dep’t of Envtl. Mgmt., 130 S. Ct. 196 (U.S. 2009)).
• Lummis v. State Farm Fire & Cas. Co., Cause No, 1:04cv0080 DFH-VSS (S.D. Ind., Dec. 14, 2005) (Jury verdict awarding policyholder damages for insurer’s improper failure to pay fire loss claim).
• Pound v. Airosol Co., Inc., 316 F. Supp. 2d 1079 (D. Kan. 2004) (Summary judgment order holding manufacturer and sellers of aerosol pesticide violated the Clean Air Act through illegal use of HCFCs)