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VERNON FIRE & CAS. INS. v. AMERICAN UNDERWRITERS

No. 2-575A128.

356 N.E.2d 693 (1976)

VERNON FIRE & CASUALTY INSURANCE COMPANY, Appellant (Plaintiff below), v. AMERICAN UNDERWRITERS, Inc., Attorneys-in-Fact for the Subscribers of American Interinsurance Exchange, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

November 18, 1976.

Attorney(s) appearing for the Case

C. Wendell Martin, Robert L. Hartley, Jr., Bredell, Martin & McTurnan, Indianapolis, for appellant.

Marshall E. Williams, Heeter, Johnson, Salb & Williams, Indianapolis, for appellee.

LYBROOK, Judge.

Plaintiff-appellant, Vernon Fire & Casualty Insurance Company (Vernon), brings this appeal following an adverse ruling by the trial court on its Complaint for Declaratory Judgment against defendant-appellee, American Underwriters, Inc. (AUI).

The facts of this case indicate that on May 5, 1973, Joe Lancaster was a passenger on a motorcycle owned and operated by Jack A. Davidson. The motorcycle was involved in a collision with an automobile...

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