Indiana Tort Prejudgment Interest

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This week's article discusses a series of four cases all decided on December 12, 2012 by the Indiana Supreme Court. Each case decided a slightly different aspect of the Indiana Torts Prejudgment Interest Statute. Kosarko v. Padula held that the common law "Roper rule" was abrogated by the TPIS. Wisner v. Laney looked to the timing requirement for a settlement offer and held that the offer could be made prior to the filing of a claim. Inman v. State Farm held that the TPIS applies to a claim by an insured against her insurer for UIM coverage. Alsheik v. Guerrero expanded upon Wisner and discussed the specific requirements of the settlement offer.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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