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COLONIAL LIFE & ACCIDENT INSURANCE CO. v. NEWMAN

No. 1071A217.

288 N.E.2d 195 (1972)

COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Defendant-Appellant, v. James W. NEWMAN, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

October 24, 1972.

Attorney(s) appearing for the Case

C. Dickson Faires, Jr., White, Raub, Reis & Wick, Indianapolis, for defendant-appellant.

Thomas F. Gibson, Jr., Miller, Gibson, Peden, Peters & McElfresh, Indianapolis, for plaintiff-appellee.

OPINION UPON PETITION FOR REHEARING

PER CURIAM.

In the decision and opinion of this court as reported in 284 N.E.2d 137, the following holding was enunciated which gives rise to the assertions made by appellant in its Petition for Rehearing:

"Indiana decisional law dictates that where liability has attached under a contract of insurance, but where liability has been denied by the insurer, the insured may treat...

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