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RICH v. AUTOMOBILE UNDERWRITERS, INC.

No. 19,023.

128 Ind. App. 368 (1957)

146 N.E.2d 106

RICH (NOW O'SHEA) v. AUTOMOBILE UNDERWRITERS, INC.

Court of Appeals of Indiana.

Rehearing denied December 16, 1957.

Transfer denied March 26, 1958.

Attorney(s) appearing for the Case

Albert W. Ewbank, Seth Ward, John Davis, all of Indianapolis, Ben Scifres, John Hornaday and Scifres & Hollingsworth, all of Lebanon, for appellant.

Anthony J. Klee, Steers, Klee, Jay & Sullivan, of Indianapolis, and Parr, Parr & Parr, of Lebanon, for appellee.

PER CURIAM.

The appellant sustained an injury to her left knee alleged to have been caused by the negligent operation of a truck by the appellee's assured. Thereafter the appellee obtained a release and covenant not to sue. This action was brought by the appellant against the appellee to recover damages alleged to have been sustained by the appellant because of the fraud of the appellee's agent in obtaining the release and covenant not to sue. The case has been tried...

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