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PRUDENTIAL INSURANCE CO. OF AMERICA v. WINANS

No. 375S76.

325 N.E.2d 204 (1975)

The PRUDENTIAL INSURANCE CO. OF AMERICA, Appellant, v. Duane L. WINANS, Appellee.

Supreme Court of Indiana.

April 1, 1975.

Attorney(s) appearing for the Case

William E. Harris, Ronald L. Sowers, Fort Wayne, for appellant.

John C. Thrapp, Kendallville, Phil M. McNagny, Jr., Columbia City, for appellee.

GIVAN, Chief Justice.

This is an appeal from a judgment against the plaintiff, Prudential Insurance Company, in an action to rescind a medical insurance policy which had been issued to the defendant, Winans. The trial court also granted Winans additional benefits under the policy on his counterclaim.

The Court of Appeals, Third District, reversed the trial court on grounds that certain testimony violated the parol evidence rule. See Ind. App.,

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