Court of Appeals of IndianaHearing oral argument at

Sheraton Louisville Hotel in Jeffersonville Jeffersonville, IN

Thursday, May 17 @ 5:00 p.m.

ONB Insurance Group, Inc., et al.

v. Amy Jones, et al.40A01-1707-CT-01513

On appeal from the Jennings Circuit Court

SYNOPSISONB Insurance Group d/b/a Old National Insurance and Joseph Kenworthy (collectively, "ONI") appeal the trial court's grant of partial summary judgment in favor of the Estate of JoAnn Marie Megel, deceased; the Estate of Edward J. Megel, deceased; Darcy Megel; Nicholas Megel; Christina Megel; and Amy Jones (collectively, "Appellees"). The case stems from a fatal accident caused by C&K Transport, a trucking company that used ONI to assist in the procurement of insurance. ONI argues, based on our Indiana Supreme Court's holding in Goodwin v. Yeakle's Sports Bar & Grill, Inc., 62N.E.3d 384 (Ind. 2016), that it couldnot be liable for any injuriessustained as a result of the Megels'accident with C&K because ONI doesnot have a duty to the victims of theaccident based on its role as C&K'sinsurance agent. Additionally, ONIargues Appellees cannot assertprivate causes of action under federalmotor carrier statutes, which wouldpreclude Appellees' claims of civilconspiracy and aiding and abetting.Appellees argue ONI is liable for theinjuries resulting from the accidentbecause ONI allegedly assisted withC&K's transition into a "chameleoncarrier" by concealing certain detailsregarding C&K's safety history whenC&K formed out of HackneyTrucking, Inc. in 2012. Appelleesalso argue they are not precludedfrom bringing tort claims againstONI because the claims related to thefederal motor carrier statutes allegednegligence per se and, thus, were notprivate causes of action under therelevant statutes.

Riley continued from p. 3Centre of Eldoret, Kenya (LACE), which provides legal access to justice for HIV/AIDS patients in the AMPATH medical center. In 2011, Judge Riley traveled with the Washington, D.C.-based International Judicial Academy to The Hague, Netherlands, to observe the International Criminal Court and two International Criminal Tribunals that are hearing cases from Sierra Leone and the former Yugoslavia. And in 2012 she participated in the 3rd Sino-U.S. Law Conference, which was held in Beijing at the National Judges College of the People’s Republic of China, which oversees all aspects of that country’s judicial training, placement and promotion. In 2013 Judge Riley attended the Justice Academy of Turkey where she presented her paper about Ethic Rules in the U.S. Judge Riley has two sons and two grandsons. She was retained on the Court by election in 1996, 2006, and 2016.

May continued from p. 3chaired the Specialization Committee. She is currently on an Advisory Panel to the Specialization Committee. In 2005, she was named to the Indiana Pro Bono Commission and in July 2008, she was named as Chair of that Commission. While chair, she worked with the fourteen pro bono districts to train lawyers and mediators on how to assist homeowners facing foreclosure. In addition, she was a member of the Board of Directors of the Indiana Continuing Legal Education Forum from 1994-1999 and has been a co-chair of ICLEF’s Indiana Trial Advocacy College from 2001 to present. Judge May also serves on the Civil Instruction Committee, an Indiana Judicial Conference Committee, which has been working to translate all of the civil jury instructions into “plain English.” She frequently speaks on legal topics to attorneys, other judges, schools, and other professional and community organizations. In 2003, Judge May was named to the American Bar Association’s Standing Committee on Attorney Specialization. She is now special counsel to that committee. In the spring of 2004, Judge May became adjunct faculty at Robert H. McKinney School of Law, where she teaches a trial advocacy course. Also in the spring of 2004, she was awarded an Honorary Doctor of Civil Law from the University of Southern Indiana. In 2015, Judge May became a member of the American Board of Trial Advocates. Judge May was retained on the Court of Appeals in 2010, and lives in Morgan County.

Alitce continued from p. 3Judge Altice also served as chair of the Marion Superior Court Criminal Term from 2005-2007, as a member of the Executive Committee for the Marion Superior Court from 2007-2009, and as Presiding Judge of the Marion Superior Court from 2009 to 2011.Judge Altice moved to the civil division of the Marion Superior Court in 2013 and was appointed chair of the Marion Superior Court Civil Term in January 2015. Throughout his judicial career, Judge Altice has held leadership roles in organizations that improve the administration of justice. He accepted special assignments from the Indiana Supreme Court on the Judicial Performance Task Force and the Cameras in the Courtroom project, which allowed cameras in certain courtrooms under limited conditions. The Duval Work Release Center was built and opened during his tenure on the Marion County Community Corrections Advisory Board. Judge Altice is a member of the Indiana Judges Association, the Indiana State Bar Association, and the Indianapolis Bar Association. In April 2015, Judge Altice was appointed to serve on an ad hoc Indiana Tax Court Advisory Task Force. His community activities include prior service on the Board of Directors of these organizations: Indianapolis Police Athletic League; the Martin Luther King Community Development Corp.; and Coburn Place Safe Haven, a transitional housing facility for domestic abuse victims. He has presented on legal and ethical issues for the Indiana Continuing Legal Education Forum, the Indiana JudicialCenter, and various Indiana bar associations. In his spare time, he enjoys gardening, golf and reading. He and his wife, Kris, who is also an attorney, have two adult children.

Court of Appeals Mission Statement“To serve all people by providing equal justice under law”

Today’s Panel of Judges

The Honorable Robert R. Altice

Marion County

The Honorable Patricia A. Riley

Jasper County

The Honorable Melissa S. May

Vanderburgh County

Patricia A. Riley, was named to the Court of Appeals of Indiana by Governor Evan Bayh in January of 1994. A native of Rensselaer, Indiana, Judge Riley earned her bachelor’s degree from Indiana University-Bloomington in 1971 and her law degree from the Indiana University School of Law-Indianapolis in 1974. Early in her career she served as a Deputy Prosecutor in Marion County and a public defender in Marion and Jasper counties before entering into private practice in Jasper County. She served as a judge of the Jasper Superior Court from 1990 to 1993. She is a former associate professor at St. Joseph’s College in Rensselaer and the Indiana University School of Law-Indianapolis. Judge Riley’s legal memberships include the Indianapolis Bar Association, the Marion County Bar Association, and the Indiana State Bar Association. Judge Riley is the former chair of the Appellate Practice Section of the Indiana State Bar Association, and is a member of the ABA’s Judicial Division. She is a member of the Indiana Judges Association and the National Association of Women Judges. Judge Riley’s civic associations include being on the Board of Directors of Recycle Force. She serves on the Board of Visitors of the Robert H. McKinney School of Law – Alumni Association, and is a member of the Indianapolis Metro Rotary Club. She also has extensive international legal experience. In 2008, she co-founded the Legal Aidcontinued on p. 4

Melissa S. May, was appointed to the Indiana Court of Appeals by Governor Frank O’Bannon in April of 1998. She was born in Elkhart, Indiana. She received a B.S. in criminal justice from Indiana University-South Bend and, in 1984, a J.D. from Indiana University School of Law-Indianapolis. She is also a graduate of the Graduate Program for Indiana Judges. Prior to her appointment to the Court, Judge May practiced law for fourteen years in Evansville, Indiana, where she focused on insurance defense and personal injury litigation. Judge May has been active in local, state, and national bar associations and bar foundations. She served the Indiana Bar Association on the Board of Managers from 1992-1994, as Chair of the Litigation Section from 1998-1999, as Counsel to the President from 2000-2001, as Chair of the Appellate Practice Section from 2008-2009, and as Secretary to the Board of Governors in 2008-2009. She is also a member of the Indianapolis Bar Association and the Evansville Bar Association. She is a fellow of the Indiana Bar Foundation and is currently serving on their Board of Directors. Judge May is a fellow for the American Bar Association, and a Master Fellow of the Indianapolis Bar Association. From 1999 until December 2004, Judge May was a member of Indiana’s Continuing Legal Education Commission, where she continued on p. 4

Robert R. Altice, Jr., was appointed to the Court of Appeals by Gov. Mike Pence and began his service on Sept. 2, 2015. Judge Altice earned his undergraduate degree from Miami University, Oxford, OH, a master’s degree in criminal justice administration from the University of Central Missouri, and his law degree from the University of Missouri-Kansas City School of Law. Judge Altice began his career handling felony cases as a deputy prosecutor in Jackson County, MO, before being promoted to Chief Deputy Prosecutor for the Drug Unit. He then practiced with a Kansas City civil law firm, focusing on medical malpractice defense. After moving to Indianapolis, he concentrated on insurance defense in private practice. Judge Altice returned to prosecution in 1994, handling a major felony caseload as a deputy prosecutor for the Marion County Prosecutor’s Office. He served as Chief of the Felony Division from 1997-2000, trying more than 100 major felony jury trials, including 25 murder cases. While serving briefly as the Office’s Chief Counsel, he helped amend Indiana laws on domestic battery and possession of firearms by violent felons. Judge Altice was elected to the Marion County bench in 2000. As judge of Marion Superior Court, Criminal Division 2 from 2001-2012, he presided at 250 major felony jury trials, including 75 murder trials (seven death penalty cases). continued on p. 4

Attorneys For The PartiesAppellant Attorney Andrew J. Detherage is a partner in the Indianapolis and Los Angeles offices of Barnes & Thornburg LLP. Mr. Detherage serves on the firm’s Management Committee. He is admitted to practice in Indiana and California. He also is co-chair of the firm’s Insurance Recovery and Counseling Practice Group, which was named by Law360 as a “Practice Group of the Year.”Mr. Detherage represents clients in litigated matters throughout the United States and has appeared in courts in more than 35 states. His practice concentrates on insurance coverage matters for policyholders, complex commercial disputes, and toxic torts defense. He currently serves as national counsel for clients in sophisticated insurance coverage litigation, commercial litigation, and toxic tort matters. In 2015, Mr. Detherage represented a global leader in retail real estate ownership, management and development and secured a $204 million jury verdict after a six-week trial relating to flood losses. The verdict included both covered losses and consequential damages in excess of the coverage limits. Mr. Detherage has written papers and spoken at seminars on insurance coverage, expert witnesses, and trial preparation. Since 2007, he has been included in The Best Lawyers in America in the fields of bet-the-company litigation, commercial litigation, construction litigation, personal injury litigation and product liability litigation. In 2017, Mr. Detherage was recognized as a "Lawyer of the Year" by The Best Lawyers in America for his work in insurance law. He is also included on the Indiana Super Lawyers list and ranked among the top litigation attorneys since 2011 in Chambers USA. In 2011, Mr. Detherage was named a Fellow of the Litigation Counsel of America. In 2015, he was recognized as a Law360 MVP for his work in insurance litigation. Mr. Detherage is a native of Indiana. He received his B.A. in economics and criminal justice with highest distinction from Indiana University–Bloomington, and his J.D., summa cum laude, from Indiana University Robert H. McKinney School of Law, where he was an associate editor of the Indiana Law Review. Mr. Detherage served as president of the board of directors of Big Brothers of Greater Indianapolis (2000-2001) and continues to serve as a member of the board of directors of Big Brothers Big Sisters of Central Indiana. He also serves as a member of the board and secretary of the Indianapolis Tennis Championships, Inc. Mr. Detherage was also named a fellow for the Litigation Counsel of America in 2011. He is a past president and arts fair chairman of the Penrod Society, alocal arts organization.

Appellee Attorney A native of Indiana, Scott Faultless was raised on a farm in Greene County. He received his undergraduate degree from Indiana University and Doctor of Jurisprudence from Indiana University McKinney School of Law. Scott is a founding member of Craig, Kelley & Faultless LLC, a firm recognized by U.S. News - Best Lawyers® “Best Law Firms” in America for its work in helping victims of semi crashes, wrongful death, and serious injury. He has tried jury trials throughout Indiana and in Ohio and Missouri and litigated cases throughout the Midwest in state and federal courts. He has argued numerous cases before the Indiana Supreme Court, the Indiana Court of Appeals and the U.S. Court of Appeals for the 7th Circuit in Chicago. Scott has been recognized as a Top 10 Trucking Trial Lawyer in Indiana, and Top 100 Trial Lawyer in Indiana, by the National Trial Lawyers Association. He has also been recognized by his peers as an Indiana Super Lawyer and one of “The Best Lawyers” in America. He has written extensively and presented topics to the Academy of Truck Accident Attorneys, the Association of Plaintiff Interstate Trucking Lawyers of America, and Indiana Trial Lawyers Association. A longtime resident of Fishers, Indiana, Scott was president of the Town Council, a role he served from 2001 through 2013. He is a past president of the Fishers Chamber of Commerce and Fishers Rotary Club. Scott is active with youth sports, volunteering his time to coach his children’s soccer, basketball, baseball and softball teams. For his public service and work as a lawyer, Scott received the Sagamore of the Wabash, one of the highest honors bestowed by the Governor of Indiana.

About the Court of AppealsAs the second-highest court in Indiana, the Court of Appeals hears appeals from the state’s trial courts and some state agencies. The Court does not preside over trials and must accept all appeals sent to it, with the exception of:

• Cases in which the death penalty or life-without-parole is rendered (appealed directly to the Indiana SupremeCourt);

• Cases in which statutes are declared unconstitutional by a trial court (automatically appealed to the SupremeCourt);

• Attorney disciplinary cases (which also go to the Supreme Court); and,• Cases involving taxation (which go to the Indiana Tax Court).

As a result, the 15 members of the Court issue approximately 2,000 written opinions each year. A decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.

The Court hears cases only in three-judge panels. All panels have statewide jurisdiction and rotate three times per year. Cases are randomly assigned. In addition, there is no deadline for the Court to reach a decision in each case; however, the Court strives to issue decisions within four months of receiving an appeal. Opinions are often issued earlier.