2020 ITLA Legislators of the Year
Representative
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Representative Ethan Manning |
Representative Donna Schaibley |
State Senator
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Legislator of the Year Award Criteria
A state lawmaker who through their conduct and leadership; promotes a fair civil justice system and open access to the courts for all Hoosiers.
Representative Ed DeLaney
Nominated by D. Bruce Kehoe
It is my pleasure to nominate fellow attorney and State Representative Ed DeLaney (D- Indianapolis) for the Indiana Trial Lawyers Association's 2020 Legislator of the Year. Since being elected to the Indiana House of Representatives in 2008, Representative DeLaney has been a committed advocate in protecting the rights of injured Hoosiers.
Through his years of experience as an effective and seasoned litigator Representative DeLaney has an enhanced understanding and appreciation for our issues and for the civil justice system. We are all incredibly fortunate to have his skillset at the General Assembly. On countless occasions, ITLA has worked hand and hand with Representative DeLaney to advance, mitigate or kill legislation that has been heard in the House Judiciary Committee or on the floor of the House. Representative DeLaney's ability to communicate on issues of fairness and justice to both legislators and the public is critical.
For his tireless efforts on behalf of the Citizens of Indiana, Representative Ed DeLaney is very deserving to be recognized as the 2020 Legislator of the Year.
Through his years of experience as an effective and seasoned litigator Representative DeLaney has an enhanced understanding and appreciation for our issues and for the civil justice system. We are all incredibly fortunate to have his skillset at the General Assembly. On countless occasions, ITLA has worked hand and hand with Representative DeLaney to advance, mitigate or kill legislation that has been heard in the House Judiciary Committee or on the floor of the House. Representative DeLaney's ability to communicate on issues of fairness and justice to both legislators and the public is critical.
For his tireless efforts on behalf of the Citizens of Indiana, Representative Ed DeLaney is very deserving to be recognized as the 2020 Legislator of the Year.
Representative Ethan Manning
Nominated by Marc Sedwic
I am nominating Representative Manning for ITLA’s 2020 Legislator of the Year for authoring Indiana House Bill 1099 which deals with low head dams. The purpose of this bill requires the Indiana Department of Natural Resources to establish a roster of low head dams in the State of Indiana that are capable of creating hazardous currents that pose a safety threat, establish warnings for low head dams, provide information on low head dams safety, and other items. Further, a person who owns a low head dam on the roster has affirmative obligations including maintaining general liability insurance with an aggregate limit of not less than $1,000,000; comply with the DNR’s warning/signage standards for low head dams, and other affirmative obligations.
Low head dams have been a serious problem in Indiana and have taken numerous Hoosiers’ lives over, at least, the last 40 years. These dams are particularly dangerous because they have reverse currents underneath the surface that are not readily available to Hoosiers and especially children.
The photo below is from the Edinburgh dam, in 2014, that took the lives of numerous young adults and left a high school girl with a permanent brain injury. There were no signs up warning of reverse currents right below the dam, which was a major issue in the case. I hope with this new law, this never happens again.
This law is a step in the right direction in making Indiana a safer place for its citizens, and especially children, as it brings the dangers of low head dams to dam owners’ attention and requires them to warn of the dangers of low head dams.
In essence, they are an attractive nuisance and I am very happy to see Representative Manning do something about this, which is why I am nominating him.
Thank you.
Low head dams have been a serious problem in Indiana and have taken numerous Hoosiers’ lives over, at least, the last 40 years. These dams are particularly dangerous because they have reverse currents underneath the surface that are not readily available to Hoosiers and especially children.
The photo below is from the Edinburgh dam, in 2014, that took the lives of numerous young adults and left a high school girl with a permanent brain injury. There were no signs up warning of reverse currents right below the dam, which was a major issue in the case. I hope with this new law, this never happens again.
This law is a step in the right direction in making Indiana a safer place for its citizens, and especially children, as it brings the dangers of low head dams to dam owners’ attention and requires them to warn of the dangers of low head dams.
In essence, they are an attractive nuisance and I am very happy to see Representative Manning do something about this, which is why I am nominating him.
Thank you.
Representative Donna Schaibley and State Senator Mark Messmer
Nominated by Daniel Ladendorf
It is an honor to submit this nomination of State Representative Donna Schaibley and State Senator Mark Messmer for the Indiana Trial Lawyers Association’s Co-Legislators of the Year Award for their commitment to Civil Justice as evidenced by their individual and collective efforts to solving what in practice has become for consumers illusory insurance benefits under medical payment coverage.
ITLA sought legislation that would have prohibited health plans from requiring the exhaustion of medical payment coverage before benefits under a health plan applied. In a growing practice creating an inequity for consumers who were victims of wrongdoing, health plans were essentially re-insuring their benefits through medical payment coverage up to the policy limits of the coverage. The practice robs consumers of the medical payment coverage that is marketed to them as supplemental coverage to pay for out-of-pocket medical expenses including the cost of their deductible, co-insurance and co-pay obligations under their health plan, along with coverage for the payment of medical services not covered by their health plan.
Representative Schaibley authored legislation in the 2018 and 2019 legislative sessions and worked tirelessly to secure a hearing by her colleague and House Insurance Committee Chair, Representative Martin Carbaugh. Facing opposition by insurance interests, the efforts in the House were unsuccessful. However, Representative Schaibley remained steadfast in the mission to develop fair and reasonable public policy by continuing to press the issue in 2020 by sponsoring the legislation in the House that had been passed by the Indiana Senate. While the effort was once again thwarted by Chair Carbaugh, her pioneering efforts will ultimately lead the way to successfully changing Indiana law.
Senator Mark Messmer was instrumental in the ongoing effort during the 2020 session by authoring and initiating SB 205 in the Senate, where he was successful in securing unanimous committee approval (7-0) that sent the legislation to the full Senate, where it passed by a vote of 50-0 before seeing its demise in the House when Representative Carbaugh refused to allow a hearing on the Senate-passed legislation sponsored in the House by Representative Schaibley.
While the multi-year effort has not yet been successful, Representative Schaibley and Senator Messmer understand the issue, they are passionate in the mission to ensure Hoosiers receive the benefit of their insurance premium dollars, and they are the best of the best in advocating for the interests of Hoosier residents in the People’s House.
ITLA sought legislation that would have prohibited health plans from requiring the exhaustion of medical payment coverage before benefits under a health plan applied. In a growing practice creating an inequity for consumers who were victims of wrongdoing, health plans were essentially re-insuring their benefits through medical payment coverage up to the policy limits of the coverage. The practice robs consumers of the medical payment coverage that is marketed to them as supplemental coverage to pay for out-of-pocket medical expenses including the cost of their deductible, co-insurance and co-pay obligations under their health plan, along with coverage for the payment of medical services not covered by their health plan.
Representative Schaibley authored legislation in the 2018 and 2019 legislative sessions and worked tirelessly to secure a hearing by her colleague and House Insurance Committee Chair, Representative Martin Carbaugh. Facing opposition by insurance interests, the efforts in the House were unsuccessful. However, Representative Schaibley remained steadfast in the mission to develop fair and reasonable public policy by continuing to press the issue in 2020 by sponsoring the legislation in the House that had been passed by the Indiana Senate. While the effort was once again thwarted by Chair Carbaugh, her pioneering efforts will ultimately lead the way to successfully changing Indiana law.
Senator Mark Messmer was instrumental in the ongoing effort during the 2020 session by authoring and initiating SB 205 in the Senate, where he was successful in securing unanimous committee approval (7-0) that sent the legislation to the full Senate, where it passed by a vote of 50-0 before seeing its demise in the House when Representative Carbaugh refused to allow a hearing on the Senate-passed legislation sponsored in the House by Representative Schaibley.
While the multi-year effort has not yet been successful, Representative Schaibley and Senator Messmer understand the issue, they are passionate in the mission to ensure Hoosiers receive the benefit of their insurance premium dollars, and they are the best of the best in advocating for the interests of Hoosier residents in the People’s House.