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Res Gestae | Spring Cases Discuss Special Chattel, Duty Not to Create Hazardous Conditions, and More

July/August 2026 – Indiana State Bar Association Res Gestae

In April and May 2026, the Indiana Supreme Court decided three civil cases, while the Indiana Court of Appeals issued 37 published civil opinions.

In Geels v. Flottemesch, 243 N.E.3d 1069 (Ind. Apr. 8, 2026), decedent named his sister as the sole beneficiary to his ERISA-governed life insurance policy but instructed her to distribute the proceeds to his children. After decedent’s death, sister claimed the proceeds for herself, prompting daughters to seek equitable relief. The trial court imposed a constructive trust, finding a fiduciary relationship and breach of duty; the Court of Appeals twice reversed on ERISA preemption grounds.

Read the full article (starting on p. 44) written by Rani AmaniJenny Buchheit, and Abby DeMare and first published in Res Gestae, an Indiana State Bar Association publication.

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