Legal Opinion

State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander

Indiana Court of Appeals

Decided April 9, 2014No. 35A02-1307-CT-638Published

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

  1. Felsher v. University of EvansvilleIndiana Supreme Court · 2001
  2. Smyth v. HesterIndiana Court of Appeals · 2009
  3. Alaska Seaboard Partners Ltd. Partnership v. HoodIndiana Court of Appeals · 2011
  4. Paul Gillock and Kathy Gillock v. City of New Castle, IndianaIndiana Court of Appeals · 2013

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