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ATLAS CONSTRUCTION CO., INC. v. INDIANA INS. CO.

No. 2-573A122.

309 N.E.2d 810 (1974)

ATLAS CONSTRUCTION CO., INC., Plaintiff-Appellant, v. INDIANA INSURANCE CO., Inc., Defendant-Appellee.

Court of Appeals of Indiana, Second District.

April 17, 1974.

Attorney(s) appearing for the Case

Bruce C. Bade, of Biddinger & Johnson, Marion, for plaintiff-appellant.

Mark W. Gray and Howard J. DeTrude, Jr., of Kightlinger, Young, Gray & DeTrude, Indianapolis, for defendant-appellee.

SULLIVAN, Presiding Judge.

This appeal involves the trial court's judgment for defendant Indiana Insurance Company, Inc. (insurer) pursuant to Ind. Rules of Procedure, Trial Rule 50 holding as conclusive upon the parties an appraisal award made for the fire loss of plaintiff-appellant (Atlas). The appraisal award was made in keeping with the following provision of a fire insurance policy contract which insured a structure owned by Atlas "to the extent of actual cash...

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