Holiday Hospitality Franchising, Inc. v. Amco Insurance Company

The Court of Appeals concluded there is a genuine issue of material fact as to whether R.M.H. was “in the care, custody or control” of Holiday Inn Express. Holiday Hospitality Franchising, Inc. v. Amco Ins. Co., 955 N.E.2d 827, 836 (Ind.Ct.App.2011). At least with respect to “care” and “control” I agree with the court’s conclusion and would thus deny summary judgment in favor of AMCO on this issue. Therefore I respectfully dissent.

I agree with the majority that R.M.H. was not in the “custody” of Holiday Inn Express. And I also agree that “to some extent” R.M.H. was under Holiday Inn Express’…