State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander
Indiana Court of Appeals
1Opinion of the Court
OPINION
VAIDIK, Chief Judge.
Case Summary
State Farm appeals the trial court’s award of attorney’s fees against it for filing a groundless lawsuit. Before the filing of its complaint against H.H. Niswander, State Farm received a report from its experts about the cause and origin of the fire involved in this case. There was no evidence in the report that H.H. Niswan-der was negligent or caused the fire. For two-and-a-half years, State Farm continued to litigate its claim against H.H. Nis-wander requiring it to incur attorney’s fees. Even after State Farm’s expert at a deposition testified that…
2Cases cited4 opinions
- Felsher v. University of EvansvilleIndiana Supreme Court · 2001
- Smyth v. HesterIndiana Court of Appeals · 2009
- Alaska Seaboard Partners Ltd. Partnership v. HoodIndiana Court of Appeals · 2011
- Paul Gillock and Kathy Gillock v. City of New Castle, IndianaIndiana Court of Appeals · 2013