Legal Opinion

State Farm Fire & Casualty Co. v. Nokes

District Court, N.D. Indiana

Decided March 2, 2011No. 3:08-cv-00312Published

1Opinion of the Court

OPINION AND ORDER

PHILIP P. SIMON, Chief Judge.

Nathan Evans claims in a state court complaint that he was sexually abused while in the custody of his foster parents, Donald and Patricia Nokes. In this insurance coverage dispute, brought by way of a declaratory judgment, State Farm says that it has no duty to defend or indemnify the Nokes or anyone else involved in Evans’ state court case. State Farm now seeks summary judgment [DE 100]. Because Evans’ is an insured under the policy issued by State Farm, and the policy explicitly excludes coverage for injuries to an insured, State Farm’s Motion…

2Cases cited28 opinions

  1. John T. Russell v. Acme-Evans Company, Adm Milling Company, and Archer-Daniels-Midland CompanyCourt of Appeals for the Seventh Circuit · 1995
  2. Indira ADUSUMILLI, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1998
  3. Henderson v. State Farm Fire & Casualty Co.Michigan Supreme Court · 1999
  4. Eli Lilly & Co. v. Home Insurance Co.Indiana Supreme Court · 1985
  5. Tate v. Secura InsuranceIndiana Supreme Court · 1992

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