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AUTOMOBILE UNDERWRITERS, INC. v. HITCH

No. 1-1275A232.

349 N.E.2d 271 (1976)

AUTOMOBILE UNDERWRITERS, INC., Attorneys-in-Fact for the Subscribers at State Automobile Insurance Association, and Statesman Insurance Company, Plaintiffs-Appellants, Decatur Insurance Agency, Inc. and James Doerflinger (Third-Party below), Defendants-Appellants, v. Carl HITCH, d/b/a Carl's Super Rose Station, et al. (Third-Party below), Defendants-Appellees, Robert Dale Clark, b/n/f Loren J. Comstock, and Darrell Lee Kuhn, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied July 28, 1976.

Attorney(s) appearing for the Case

David F. McNamar, Steers, Klee, Sullivan, McNamar & Rogers, Indianapolis, William H. Robbins, Rolfes, Garvey, Walker & Robbins, Greensburg, for appellant.

H. William Irwin, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, Don Hubert Wickens, Wickens, Wickens & Wilke, Greensburg, for appellants, Auto. Underwriters, Inc., etc.

Charles J. Scott, Greensburg, for appellees Carl Hitch, d/b/a Carl's Super Rose Station, Carl Hitch and Ruby Hitch, Husband and Wife.

Patrick J. Bennett, Lewis, Bowman, St. Clair, Bennett & Wagner, Indianapolis, for appellees Robert Dale Clark, b/n/f Loren J. Comstock, and Darrell Lee Kuhn.

ROBERTSON, Chief Judge.

This case was initially a declaratory action brought by plaintiffs-appellants Automobile Underwriters, Inc. and Statesman Insurance Co. (Underwriters and Statesman) for a declaration of their respective rights under two policies of insurance. Underwriters and Statesman bring this appeal from the trial court's decision holding them liable under both policies to defendant-appellee Hitch. Also, third-party defendant-appellant Decatur Insurance...

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