CINCINNATI INSURANCE COMPANY (Intervenor Below),
Celina Insurance Group (Defendants Suters' Insurer Below),
Keith L. Faber (Defendants Suters' Counsel Below),
Robert Suter and Betty Suter (Defendants Below), Appellants,
v.
David J. WILLS and Marcia Wills (Plaintiffs Below), and
Elaine Mellinger (Defendant Below), Appellees.
Supreme Court of Indiana.https://leagle.com/images/logo.png
October 6, 1999.
October 6, 1999.
Attorney(s) appearing for the Case
Judy L. Woods, Indianapolis, Indiana, Joseph T. Bumbleburg, Michael J. Stapleton, Lafayette, Indiana, Norman T. Funk, Keith A. Kinney, Indianapolis, Indiana, Attorneys for Appellants.
Norman P. Metzger, Legal Services Organization of Indiana, Kenneth J. Falk, Indiana Civil Liberties Union, Timothy J. O'Connell, UAW Legal Services Plan, Ronald E. Elberger, George T. Patton, Jr., American International Group, Inc., American Insurance Association, National Association of Indiana Insurers, Scott Newton, Child Advocates, Inc., John A. Floreancig, Indianapolis Legal Aid Society, Indianapolis, Indiana, Attorneys for Amici Curiae.
William W. Hurst, Todd R. Ryden, Jon D. Krahulik, Indianapolis, Indiana, Jeffrey A. Cooke, Lafayette, Indiana, Attorneys for Appellees.
James D. Johnson, Defense Trial Counsel of Indiana, Evansville, Indiana, Leonard E. Eilbacher, James P. Fenton, Indiana State Bar Association, Fort Wayne, Indiana, Gregory H. Miller, Indiana Trial Lawyers Association, The Ass'n of Trial Lawyers of America, Crawfordsville, Indiana, William F. Harvey, Steven C. Shockley, Maggie L. Smith, In-House Insurance Counsel, Stephen J. Peters, Richard Winegardner, Marjorie H. Lawyer-Smith, Indiana Chamber of Commerce, Indiana Legal Education Foundation, Inc., American Corporate Counsel Association, Cinergy Services, Inc., Indiana Manufacturers Association, Insurance Institute of Indiana, Inc., Association of Life Insurance Companies, Ronald Gifford, Elizabeth Cierzniak, State Farm Mutual Automobile Ins. Co., Indianapolis, Indiana, Attorneys for Amici Curiae.
Supreme Court of Indiana.
ON PETITION FOR EMERGENCY TRANSFER
BOEHM, Justice.
This case deals with the increasingly common practice of defense of claims litigation by insurance company house counsel. We hold that an insurance company does not necessarily engage in the unauthorized practice of law when it employs house counsel to represent its insureds and that attorneys who are employees of an insurance company do not assist the insurer in the unauthorized practice of law when they...
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