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Last July, we told you about a Court of Appeals decision dealing with whether a CGL policy covered a cyberware attack. That court held that there was no coverage. But the Indiana Supreme Court granted transfer and decided that there are issues of fact that must first be resolved.

G&G Oil bought a CGL policy from Continental. Among other things, that policy covered “commercial crime,” which was defined as a loss “resulting directly from the use of any computer to fraudulently cause a transfer of that property.” A ransomware attack locked G&G Oil out of its computer system in November 2017. G&G Oil paid the ransom, and it regained access to its computers.
The economic loss doctrine prevents a party who suffers only economic damages from recovering those damages in tort. But this case shows that the Court of Appeals may be open to limiting its application in appropriate cases.

Ivy Quad is a condominium complex in South Bend. Its developer was Ivy Quad Development, LLC, a now insolvent company that was owned by David Matthews. The general contractor, Matthews, LLC, and designer, DMTM, Inc., are also owned and managed by David. His wife, Velvet, was also involved in the design, construction, development, and sale of Ivy Quad units. The Court referred to these collectively as the “Matthews Defendants.”
Last May, we told you about a decision from the Court of Appeals dealing with liability after an asset-only purchase. The Court of Appeals found that there was a de facto merger when the assets were bought, so the new company was liable for the debts of the old. The Indiana Supreme Court was sufficiently intrigued by this subject to grant transfer.

Nello was founded in 2002 to manufacture utility and cellphone towers. Four senior officers of the company owned 95% of the shares; the remaining shares were held by three different people. The company moved its operations to South Bend in 2016, but this move was more difficult than anticipated, leaving the company “cash-strapped.” Its debts included $1.4 million owed to the City of South Bend; $3.4 million to Live Oak Capital; and over $10 million to Fifth Third Bank. The four senior officers had signed personal guarantees for the Fifth Third loan.
This case centers on the extent to which a party must update the incorrect testimony of one of its witnesses and the proper remedy if it does not do so.

Bahney attended a basketball game at Notre Dame in 2014. While walking behind one of the baskets, Bahney tripped over a riser and broke her shoulder. Bahney sued, claiming that the floor was not safe and a failure to warn.
Sometimes parents do things for their children that are well-meaning, but not REALLY meant. This case shows the consequences of one of these kinds of decisions.

Martin invested $50,000 in a money market account in 1998, and he named him and his daughter, Lindsey, as joint owners, which was defined as joint tenants with right of survivorship. Lindsey did not contribute any funds to the account.