ELY v. STATE FARM

No. 670A96.

148 Ind. App. 586 (1971)

268 N.E.2d 316

STEVEN TROY ELY, b/n/f H. ELY v. STATE FARM INS. CO. HOBERT H. ELY v. STATE FARM INS. CO.

Court of Appeals of Indiana.

Rehearing denied April 30, 1971.

Transfer denied July 7, 1971.


Attorney(s) appearing for the Case

Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, of Kokomo, for appellant.

Eugene J. McGarvey, Jr., Fell & McGarvey, of Kokomo, for appellee.


SULLIVAN, P.J.

In companion cases against the defendant-insurer the complaints of the insured and his son, which alleged failure of the insurer to pay benefits for a hit-and-run accident under an uninsured motorist agreement, were dismissed pursuant to Trial Rule 12(B) (6). The respective rulings were based upon the fact that the complaints contained allegations that there was no physical contact with the uninsured vehicle as required by the policy.

According...

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