Legal Opinion

Eric Cox and Pea Cocks Corp. d/b/a Cox's Pub v. Mayerstein-Burnell Co., Inc. d/b/a MBAH Insurance and Jeff Clute

Indiana Court of Appeals

Decided October 31, 2014No. 79A05-1402-CT-75PublishedCited by 10 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Eric Cox and Pea Cocks Corp. d/b/a Cox’s Pub (“Cox’s Pub” or “the Pub”) appeal the trial court’s grant of summary judgment in favor of Jeff Clute and May-erstein-Burnell Co., Inc. d/b/a MBAH Insurance (“MBAH”). .Cox and the Pub present two issues for our review, which we revise and restate as the following three issues:

1. Whether Cox has standing, in his individual capacity, to pursue his negligence claims in this appeal. 1

2. Whether Clute, as MBAH’s agent, had a special relationship with Cox and Cox’s Pub such that he had a duty to advise regarding…

2Cases cited21 opinions

  1. Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
  2. Williams v. TharpIndiana Supreme Court · 2009
  3. Jarboe v. Landmark Community Newspapers of Indiana, Inc.Indiana Supreme Court · 1994
  4. Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
  5. Filip v. BlockIndiana Supreme Court · 2008

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3Cited by10 opinions

  1. Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc. F/K/A the Medical Assurance Co., Inc.Indiana Supreme Court · 2015
  2. Thomas N. Eckerle v. Katz & Korin, P.C. and Michael W. HileIndiana Court of Appeals · 2017
  3. Kailee M. Smith and Jeffrey S. McQuary v. State of IndianaIndiana Court of Appeals · 2019
  4. Aegean LLC d/b/a Public Agency Training Council v. Taggart Insurance Center Inc.Indiana Court of Appeals · 2025
  5. Christopher Schmidt v. Indiana Insurance Co., C&F Insurance Group, Llc, and Bart StithIndiana Court of Appeals · 2015

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