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HOME INSURANCE COMPANY v. NEILSEN

No. 3-1273A169.

332 N.E.2d 240 (1975)

The HOME INSURANCE COMPANY, Defendant-Appellant, v. Robert NEILSEN, Plaintiff-Appellee, James W. Smolek, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 22, 1975.

Attorney(s) appearing for the Case

George Wildman, Miller, Tolbert Hirschauer & Wildman, Logansport, for appellant.

Paul Reed, Reed & St. Martin, Knox, Jack R. Allen, Chester, Clifford, Hoeppner & Houran, Valparaiso, for appellee.

GARRARD, Judge.

Appellees, Neilsen and Smolek, were neighboring farmers. A dispute arose between them which culminated in Neilsen striking Smolek with his fist. Smolek brought suit for assault and battery. Neilsen then notified appellant (the Company) to defend on the basis that he was protected by the comprehensive liability and medical payments provisions of his homeowner's policy. The Company refused, asserting there was no coverage. Neilsen then brought this action...

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