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STATESMAN INS. CO. v. REIBLY

No. 2-876A312.

371 N.E.2d 414 (1978)

STATESMAN Insurance Company, Appellant (Defendant below), v. Kenneth REIBLY, d/b/a Reibly Clothing Store, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

January 19, 1978.

Attorney(s) appearing for the Case

Tom F. Hirschauer, George R. Wildman, Miller, Tolbert, Hirschauer & Wildman, Logansport, for appellant.

Richard M. Rhodes, Rhodes & Price, Peru, for appellee.

SULLIVAN, Presiding Judge.

On September 3, 1972, Kenneth Reibly's clothing business was damaged by fire. He contacted the agent (Birk) who had procured for him a fire insurance policy (issued by the Statesman Insurance Company) and was told not to worry, that he (Birk) would take care of it. Birk hired a contractor to repair the building and later gave Reibly a check for $2500, representing a $2000 advance to be paid the...

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