PATTON v. SAFECO INS. CO.

No. 970A152.

148 Ind. App. 548 (1971)

267 N.E.2d 859

WILLIAM A. PATTON ET AL. v. SAFECO INSURANCE COMPANY OF AMERICA.

Court of Appeals of Indiana.

Filed March 29, 1971.


Attorney(s) appearing for the Case

James R. Martin, Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, of counsel, all of Kokomo, for appellants.

H. William Irwin, Richard L. Fairchild, Stewart, Irwin, Gilliom, Fuller & Meyer, of counsel, all of Indianapolis, Bagot, Free, Shearer & Miller, of Anderson, for appellee.


HOFFMAN, C.J.

Defendants-appellants appeal the entry of a judgment by the trial court in favor of plaintiff-appellee in an action for declaratory judgment based upon the "excess-escape" clause contained in the uninsured motorist portion of appellee's policy of insurance issued to appellants.

The issue presented by this appeal is: Does the uninsured motorist "excess-escape" clause limit recovery to one insurance contract, even though the injured person was...

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