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Articles by James Thurston
What Capacity Is Your Capacity In?
An Update on the "Capacity" Coverage Defense in D&O Policies By design, Directors and Officers (D&O) liability insurance is constrained to cover directors and officers of the insured corporate entity in their "capacity" as directors and officers of the corporate entity.
What Capacity Is Your Capacity In?
An Update on the “Capacity” Coverage Defense in D&O Policies By design, Directors and Officers (D&O) liability insurance is constrained to cover directors and officers of the insured corporate entity in their “capacity” as directors and officers of the corporate entity.
New Federal Case Addresses Related Claims Under Executive Protection Policy
Introduction 1 As the saying goes, we cannot choose the family to whom we are related. But courts across the country regularly grapple with choosing whether multiple lawsuits and other insurance claims are indeed related, including most recently the federal District Court of Hawaii in the case of Great American Insurance Company v. Discovery Harbour Community Association, 2025 U.S. Dist., LEXIS 26654 (D. Haw. Feb. 3, 2025).
Threat Actors Tricking Social Media Users to Download Noodlophile
Threat actors are leveraging the publicity around AI tools to trick users into downloading the malware known as Noodlophile through social media sites. Researchers from Morphisec have observed threat actors, believed to originate from Vietnam, posting on Facebook groups and other social media sites touting free AI tools.
New Federal Case Addresses Related Claims Under Executive Protection Policy
Introduction 1 As the saying goes, we cannot choose the family to whom we are related. But courts across the country regularly grapple with choosing whether multiple lawsuits and other insurance claims are indeed related, including most recently the federal District Court of Hawaii in the case of Great American Insurance Company v. Discovery Harbour Community Association, 2025 U.S. Dist., LEXIS 26654 (D. Haw. Feb. 3, 2025).
The Anatomy Of A Broadly Drafted D&O Contract Exclusion
A typical D&O policy's Contract Exclusion readily applies to an insured's potential liabilities for any breach of contract claims.
Knightstown officials discuss spot paving
With spring activities in full swing, town officials are keenly aware of several areas throughout Knightstown that need spot paving. At Thursday’s council meeting, works manager Randy Anderson identified 14 high-traffic areas for resurfacing: kAm$@FE9 |4rF==F> $EC66E :? 7C@?E @7 }p!pk^Am kAm$@FE9 |25:D@? 2?5 !:?6 $EC66E :?E6CD64E:@?k^Am kAmb_a }] |25:D@? $E]k^Am kAm|@C82? 2?5 (2D9:?8E@? :?E6CD64E:@?k^Am kAm|@C82? 2?5 y6776CD@? :?E6CD64E:@?k^Am kAm|@C82? 2?5 uC2?<=:? $E]k^Am kAm(6DE |@C82?
Knightstown narrows the search for one-company trash pickup
Knightstown may be getting closer to a single town-wide residential trash service, but council president Roger Hammer made it clear to patrons that nothing has been made official yet and that “we are just at the very beginning of the process.” In a 3-2 vote Thursday evening, the council kept the door open to the possibility of a new town trash utility, voting to narrow the options to three potential providers: Greenfield-based Fisk Waste Removal and Landscaping Services, regionally-owned Best...
Knightstown preparing for community events
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Jamie Moss returns to the Burch Tree
Well before sunrise on a mild January morning, local diners wait in parked cars along the town square in Knightstown for The Burch Tree Café and Bakery to open. At 7:00 sharp, employees welcome them in with a friendly wave, and a loyal following make their way to their usual place at the large central table. Fresh, clean and inviting, the restaurant has returned to the ownership of original founder Jamie Moss. The Burch Tree is the namesake of Moss’s maternal grandmother, Mary Burch.
Dear banks: Is our cash still king?
It has been an uneasy time for startups and other small businesses wondering if their cash is safe at the banks they have been using for years. The Federal Reserve has continued it’s rate increases to the detriment of fixed income securities often held by banks. I have a client that had a primary banking relationship with First Republic and had a lending term sheet from SVB just prior to it’s failure.
Cool Climate Fest showcases sustainability
On a mild Saturday afternoon, dozens of people browsed exhibits at the second annual Cool Climate Fest, which was held at the Henry County Arts Park. The event began with a land acknowledgement done by Krystal Stanich in the absence of Helen Steussy. Stanich and Aaron Dicken also provided welcoming remarks. Thank you for reading! Please log in, or sign up for a new account and purchase a subscription to continue reading.
Park board looking to improve pond health
As the days lengthen and thoughts turn to sunny days and having fun outdoors, Henry County Memorial Park is ready for the oncoming spring. In a congenial monthly meeting that took nearly two hours Monday night, the Memorial Park Board made progress on a host of issues as the park prepares for a full and active season ahead. kAmq@2C5 >6>36CD H6C6 D66>:?8=J 324< :? D49@@= 2D E96J 6?82865 :? AC6D6?E2E:@?D >256 3J =@42= 4@?D6CG2E:@?:DE sC] w6=6? $E6FDDJ 2?5 }6H r2DE=6 ?2E:G6 p2C@?
New state law could gut city school budget
New Castle elected officials are paying close attention to the Statehouse's budget session. And how that could impact city families. k9cm!@DD:3=6 7F?5:?8 D9@CE72== =@@>Dk^9cm kAmr@F?4:= |6>36C y6CCJ (2=56? 6IAC6DD65 4@?46C? 23@FE x?5:2?2 w@FD6 q:== `chh 2?5 :ED A@E6?E:2= :>A24E @?
Something for everyone to enjoy at the library
No matter what the groundhog may say on Thursday, February is a great time of year to visit the New Castle Henry County Public Library! The staff are preparing the usual favorite activities all month long. Tiny Tot Storytime kAm%96 $E@CJE:>6 C@@> :D @A6? E@ 323:6D[ E@55=6CD 2?5 42C68:G6CD 2E `_ 2]>] @? u63] a[ h[ `e U2>Aj ab] !2EC@?D 42? 962C DE@C:6D[ D:?8 D@?8D[ C64:E6 7:?86CA=2JD[ >2<6 2 4C27E 2?5 5@ @E96C 7F? 24E:G:E:6D 2== 32D65 @?
Sheriff recalls special deputy badges
Time has run out for anyone who has a special Henry County deputy badge but who doesn't serve the Henry County Sheriff’s Department. According to Sheriff John Sproles, some people have been using those special deputy badges to secure outside employment or receive perks intended for law enforcement officers.
New sheriff Sproles gives informal state of the department address
New Henry County Sheriff John Sproles spoke to the county commissioners Wednesday for just under a half hour to outline what he considered a “state of the Henry County Sheriff’s Department.” Sproles addressed several concerns he discovered upon taking office and gave commissioners an idea of what plans he has for improving the department going forward. k9cm}6H $96C:77 8:G6D C6A@CEk^9cm kAm$:?46 E2<:?8 @77:46 y2?] `[ $AC@=6D D2:5 96 2?5 9:D 6>A=@J66D 92G6 366?
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Roger Hammer laid out his priorities when he was named Knightstown Town Council president last week. Hammer said he hopes meetings in 2023 go faster than they historically have. He also wants to see the town’s streets repaired as soon as the utility department can get to them. Hammer was pivotal in creating the town’s current website several years ago. Now, he hopes to revamp it and link the site to the new visitor’s website.
Active off-season at Memorial Park
The Henry County Memorial Park Board kicked off the new year with a new member, a long list of wintertime maintenance achievements, and a fresh path forward. Michael Lykens sat with the board for the first time, replacing outgoing park board member Steve Peckinpaugh. kAmx? 9@FD6<66A:?8 3FD:?6DD[ E96 3@2C5 28C665 @? #:E2 u:D96C 2D AC6D:56?E[ $6AE6>36C r=2C< 2D G:46 AC6D:56?E[ {6G: $:>>@?D 2D D64C6E2CJ 2?5 {J<6?D 2D %C62DFC6C]k^Am k9cm~A6?
Order Up: Downtown coffee shops welcomes the community
The Press Coffee Co. celebrates its three-month anniversary on Monday. Since opening in October, the local coffee shop located at 225 South 14th Street has quickly established itself as a go-to destination for downtown New Castle. kAm“%96 !C6DD 255D ?@E @?=J 2 7:==65 DA246 :? @FC 9:DE@C:4 5@H?E@H? 5:DEC:4E[ 3FE 2 =:89E @7 A@D:E:G:EJ :? @FC 4@>>F?:EJ[” 4:EJ 4@F?4:= >6>36C p2C@? s:4<6? D2:5]k^Am kAms:4<6?
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If there were a theme of the evening at Tuesday night’s New Castle City Council Meeting, it just might be progress. From new technology intended to improve transparency to news of an upcoming citywide celebration, there was much to discuss. New Castle Bicentennial Whereas 2022 was Henry County’s bicentennial, the City of New Castle celebrates 200 years in 2023.
City upgrades its tech game
If there were a theme of the evening at Tuesday night’s New Castle City Council Meeting, it just might be progress. From new technology intended to improve transparency to news of an upcoming citywide celebration, there was much to discuss. k9c 5:ClQ=ECQm}6H r2DE=6 q:46?E6??:2=k^9cm kA 5:ClQ=ECQm(96C62D a_aa H2D w6?CJ r@F?EJ’D 3:46?E6??:2=[ E96 r:EJ @7 }6H r2DE=6 46=63C2E6D a__ J62CD :? a_ab]k^Am kAmr2CC:6 q2CC6EE 2?5 $4@EE uC@DE @7 }6H r2DE=6 |2:? $EC66E[ H9@ H6C6 :?DECF>6?E2= :?
Order Up: Three generations of Park Restaurant
The menu says “Family, Food, Friends, and Faith,” and that sums up the Park Restaurant quite well. From opening day, the longtime family-owned restaurant with deep roots in Rush County became a local New Castle favorite, not only for breakfast (which is served all day), but well into the evening. kAmz?@H? 6DA64:2==J 7@C :ED 3:D4F:ED 2?5 8C2GJ 2D H6== 2D 2 H:56 D6=64E:@? @7 D2G@CJ[ 9@>6\4@@<65 72C6[ E96 !2C< #6DE2FC2?E 2E `ed` $@FE9 |6>@C:2= sC:G6 :? }6H r2DE=6 92D 366? :?
Madison to continue as BRV board president
Just as students are getting into the routine of a fresh second semester, the Blue River Valley School Board conducted a restructuring and reorganizing meeting Monday night. Board President Jon Madison was unanimously approved to remain in his role. Carla Bryant, formerly board secretary, will now serve as vice president. Mysia Brown was approved as secretary. kAm|25:D@?
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Most Henry County residents know about Westwood Park, the peaceful recreational area southwest of New Castle that boasts a 180-acre lake and a 10-mile multi-purpose trail that traverses the wooded shoreline. The park, open year round, is a favorite destination for outdoor enthusiasts, nature lovers or those simply wanting to enjoy a break from their daily routines.
The many benefits of Westwood Lake
Most Henry County residents know about Westwood Park, the peaceful recreational area southwest of New Castle that boasts a 180-acre lake and a 10-mile multi-purpose trail that traverses the wooded shoreline. The park, open year round, is a favorite destination for outdoor enthusiasts, nature lovers or those simply wanting to enjoy a break from their daily routines. kAmu:D9:?8 92D 2=H2JD 366? A@AF=2C[ 2=E9@F89 42?@6:?8 2?5 <2J2<:?8 2C6 @?
Order Up: The early bird gets an All-American breakfast
If you were on a quest for a tasty breakfast to start the day but were unfamiliar with downtown New Castle, you just might miss the Early Bird Diner at 211 South 15th Street. Yet the cozy, crimson hued restaurant routinely draws a robust crowd of early-rising regulars who savor the comforting home-cooked offerings and inviting local ambiance. kAm{@42E65 @? E96 ?@CE9H6DE 4@C?6C @7 $@FE9 `dE9 $EC66E 2?5 r6?EC2= pG6?F6[ E96 5:?6C :D :? 2 AC:>6 =@42E:@? 7@C 5@H?E@H?
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On a cold and gray January afternoon, the concept of “100 Days of Honeysuckle” might sound appealing. The fragrant blooms of warmer months are almost always welcome after a long, dark winter. Although the return of native honeysuckles may be welcome, it’s the invasive Asian bush honeysuckle that concerns local environmental advocate Dr. Helen Steussy and the group she formed, Henry County Removes Invasive Plant Species (HC-RIPS).
Kent Benson headlines FCA fundraiser
Faith has always been important to Kent Benson, and so has the Fellowship of Christian Athletes. In fact, the New Castle native and future basketball star accepted Jesus Christ as his savior as a high school student while attending an FCA event at Denison University in Granville, Ohio in the summer of 1972. kAm“urp 92D 366? G6CJ :?DECF>6?E2= :? >J =:76[” q6?D@? D2:5]k^Am kAmp `hfb (2=E6C !] r9CJD=6C |6>@C:2= w:89 $49@@= 8C25F2E6[ q6?D@? H@F=5 8@ @?
100 Days of Honeysuckle
On a cold and gray January afternoon, the concept of “100 Days of Honeysuckle” might sound appealing. The fragrant blooms of warmer months are almost always welcome after a long, dark winter. Although the return of native honeysuckles may be welcome, it’s the invasive Asian bush honeysuckle that concerns local environmental advocate Dr. Helen Steussy and the group she formed, Henry County Removes Invasive Plant Species (HC-RIPS). kAmu@C E96 E9:C5 J62C :?
100 DAYS OF HONEYSUCKLE
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City council off to fresh start
The City Council held its first meeting of the year on Tuesday. Rex Peckinpaugh will remain as City Council president, with Jeff Hancock approved as vice-president for the upcoming year. k9cm}6H r2DE=6 |2:? $EC66Ek^9cm kAmr2CC:6 q2CC6EE[ 6I64FE:G6 5:C64E@C @7 }6H r2DE=6 |2:? $EC66E[ AC@G:565 E96 4@F?4:= H:E9 FA52E6D @? 4@?E:?F65 677@CED E@ :>AC@G6 E96 5@H?E@H? 2?5 2D<65 4:EJ @77:4:2=D E@ 4@?D:56C :?G6DE:?8 :? 96C @C82?:K2E:@? E92E 3682? :? a_`c]k^Am kAm%96 @C82?:K2E:@?VD 4@F?E6CA2CED :?4=F56 x?5:2?2 |2:?
Busy year ahead for city parks
Having increased in size to start the new year, the New Castle Parks and Recreation Board is eager to make progress on several initiatives, including improved softball diamonds, a significant expansion to the city’s skate park and a new playground area at Baker Park. Park board expands kAm(:E9 E96 2AA@:?E>6?E @7 %@55 |J6CD[ E96 3@2C5 ?@H 92D 7:G6 >6>36CD] |J6CD ;@:?D !2EEJ qC@J=6D[ s2G6 }2?EK[ y@9? w6?56CD@? 2?5 $2?5J $4@EE]k^Am kAmqC@J=6D[ H9@ H2D 2AAC@G65 E@ 4@?E:?F6 :?
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The start of a new year means the start of Winter Reading for the New Castle-Henry County Public Library. Through Jan. 28, library staff and readers are celebrating everything dinosaur. NCHCPL uses the ReaderZone app to help Henry County readers track their minutes and the books they have read. ReaderZone is available on cellphone app stores for free. When you sign into the Reader Zone app, it will ask you for a code. The Adult Winter Reading Code is cab4c. The Teen Winter Reading Code is 579d8.
Short meeting for Board of Works
In less time than it sometimes takes a freight train to cross Broad Street, the first 2023 meeting of the New Castle Board of Public Works was already in the books. With no citizens appearing before the board and only one department report, the Monday morning meeting finished in near-record time. k9cmp EC@F3=65 3C:586 @G6C q:8 q=F6 H2E6CDk^9cm kAmx? >:5\yF=J a_aa[ E96 x?5:2?2 s6A2CE>6?E @7 %C2?DA@CE2E:@? Wx}s~%X 4=@D65 E96 3C:586 @G6C E96 q:8 q=F6 #:G6C @? $E2E6 #@25 bg ;FDE H6DE @7 E96 :?E6CD64E:@?
Last day for Southwest Ambulance
Knightstown-based Southwest District Ambulance service closes today and has so far not been replaced. Although New Castle EMS will continue to take emergency calls for the Knightstown area as they have already been doing, area resident Kevin Richey and the newly-formed Southern Henry Ambulance Service Task Force are still working diligently to get a replacement ambulance service started. kAmp=E9@F89 9:D 8C@FA H2D ?@E @?
Pull up a seat & have a cold one
Maybe it’s a craft beer aficionado looking for the next great local taste, a novice to beverages who wants to try something new, or a family looking for a fun downtown experience where they can connect with others. Whoever sits down, Mike and Teresa Schembre hope area patrons will be ready to embrace the Blue River Taphouse when it opens next year at 1120 Broad Street. kAm%96 4@FA=6 92G6 366? H@C<:?8 5:=:86?E=J E@ >2<6 4@??64E:@?D H:E9 2C62 3FD:?6DD6D 2?5 9@A6 E@ AFE E96:C 6IA6C:6?46D E@ H@C< :?
Tarantino bids farewell
Marine veteran and former educator Ed Tarantino sailed into his first elected office as Northern District Commissioner in 2018, propelled by anti-wind sentiments. Four years later, Tarantino completes his one and only term today. kAm“x 36=:6G6 :? E6C> =:>:ED[” %2C2?E:?@ D2:5 H:E9 2 D>:=6]k^Am kAm%2C2?E:?@ 56762E65 #6AF3=:42? :?4F>36?E qFE49 q2<6C :? E96 a_`g AC:>2CJ] w6 925 AC6G:@FD=J D6CG65 ad J62CD :?
Farewells at final commissioners meeting of the year
The final Henry County Commissioners meeting on Dec. 28 was shorter than usual and gave those present a chance to express their well wishes to three outgoing elected officials. Sheriff Ric McCorkle, Major Jay Davis and Northern District Commissioner Ed Tarantino were recognized for their service to Henry County at the final Commissioners meeting of the year. kAmx?
Newly-elected county officials prepare for office
As a softly glowing sun settled behind the Henry County Courthouse late in the afternoon on Dec. 28, a steady stream of friends and family members made their way up the familiar steps to share in a moment of local history. After a prolonged deep freeze right around Christmas, the welcome mild air and diffused golden sunlight seemed to suggest optimism for not only warmer days but a time of renewal within Henry County government as a new year begins.
'A servant's heart'
After more than four decades in law enforcement, Ric McCorkle is finally hanging up his badge. The long-time law enforcement officer finishes his second term as Henry County Sheriff on Saturday, Dec. 31. kAmQxEVD 366? 2 H@?56C7F= 42C66C] xVG6 244@>A=:D965 >@DE @7 E96 8@2=D E92E x 925 H96? x 3642>6 D96C:77] xEVD ;FDE 366? 2? 9@?@C[Q |4r@C<=6 D2:5] Qx 766= =:<6[ E@ BF@E6 |:4926= y@C52?[ V:EVD 8@@5 E@ 8@ @FE H9:=6 @? E@AV 2?5 E92EVD H92E x 766= – x 766= =:<6 xV> @? E@A]Qk^Am kAm|4r@C<=6 D2:5 :E 92D 366? 2?
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The Memorial Park Board met on Monday night to discuss some key business. The meeting, which lasted nearly two hours, was the final one for 2022. Burials The Courier-Times reported earlier this month that, after having done on-site research and analysis earlier this year, a Ball State archaeological team considered it likely that there were bodies buried at Memorial Park.
Memorial Park board moves forward with disc golf
The Memorial Park Board met on Monday night to discuss some key business. The meeting, which lasted nearly two hours, was the final one for 2022. Burials kAmk6>m%96 r@FC:6C\%:>6Dk^6>m C6A@CE65 62C=:6C E9:D >@?E9 E92E[ 27E6C 92G:?8 5@?6 @?\D:E6 C6D62C49 2?5 2?2=JD:D 62C=:6C E9:D J62C[ 2 q2== $E2E6 2C4926@=@8:42= E62> 4@?D:56C65 :E =:<6=J E92E E96C6 H6C6 3@5:6D 3FC:65 2E |6>@C:2= !2C<]k^Am kAm{@42= 2FE9@C 2?5 9:DE@C:2? |2C< $62? ~CC 925 962C5 E92E 8C2G6D >:89E 36 =@42E65 @? E96 9:==D:56 H:E9:?
Warm the mind and soul at the library
Start the new year off right and beat the winter blues with a selection of fun family events at the New Castle Henry County Public Library. The January calendar has something for everyone, especially those who love dinosaurs! Alphabet Storytime kAm%96 =:3C2CJ :?G:E6D J@F E@ =62C? 23@FE =6EE6C D92A6D 2?5 D@F?5D H:E9 J@FC AC6D49@@= 49:=5] t249 DE@CJ E:>6 7@4FD6D @? @?6 @C EH@ =6EE6CD 2D DEF56?ED =62C?
Southwest ambulance service ends Saturday
With the imminent closure of the Southwest District Ambulance Service on Dec. 31, some Knightstown residents have been concerned over what that might mean for emergency medical coverage in the area. Town resident and volunteer Kevin Richey addressed the Knightstown Town Council on Dec. 15 as an organizer of a task force charged with finding ways to continue coverage. The peaceful meeting drew a larger-than-normal crowd to the council meeting. kAm~?6 :562 7=@2E65 3J #:496J H2D E96 7@C>2E:@?
Lots to do this winter at Summit Lake
There is no doubt that winter has arrived in Henry County. Yet Summit Lake State Park is alive with possibility as the season begins. The park, located at 5993 N Messick Rd. just north of U.S. Highway 36, welcomes visitors year-round, and is known as a great spot for ice fishing (when the conditions are safe). Summit Lake has several upcoming activities for outdoors enthusiasts or even those who just want to take a break from daily routines.
Order Up: Grab breakfast at Broad Street Blends
Anyone looking for something healthy and different to start their morning may discover that Broad Street Blends has just what they need for the day ahead. The family-owned small business, located in the heart of downtown New Castle at 1408 Broad Street, has been open since Nov. 11, 2021. kAm~H?6CD pD9=6J 2?5 $92?6 u66>DE6C H6C6 2=C625J @A6C2E:?8 &AE@H? }FEC:E:@? 2?5 s@H?E@H? }FEC:E:@? :? |F?4:6 H96?
KHS students give back to their community
As a generous group of Knightstown High School students settle into a well-deserved Christmas break after a busy semester, they can take comfort in knowing they helped make the holidays a little brighter for others.
Skate park expansion underway
Patrons of the New Castle Skate Park will find more to enjoy next summer. Last month, city officials approved a $375,000 expansion to the skatepark which will include an All Wheels Welcome Pump Track and an expanded street-style section. kAm}6H r2DE=6 !2C<D 2?5 #64C62E:@? 92D 4@?EC24E65 H:E9 q=@@>:?8E@?\32D65 k2 9C67lQ9EEADi^^9F?86CD<2E6A2C<D]4@>^Q E2C86ElQ03=2?<QmwF?86C $<2E6A2C<Dk^2m[ H9:49 56D:8?65 2?5 :?DE2==65 E96 @C:8:?2= D<2E6 A2C< :? a_`f H:E9:? q2<6C !2C< @? $@FE9 |2:?
Park Board, County Commissioners have it out
In the fictional universe of the popular '90s show “Seinfeld,” George Costanza’s family observed an alternative seasonal celebration known as Festivus, in which “the airing of grievances” was central to the holiday. The Henry County Commissioners and representatives of the Henry County Memorial Park board seemed to be in the Festivus spirit on Tuesday as they worked through a sometimes contentious work session Tuesday morning.
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