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RIETH-RILEY CONST. v. AUTO-OWNERS MUT. INS.

No. 3-1179A323.

408 N.E.2d 640 (1980)

RIETH-RILEY CONSTRUCTION CO., Inc., Appellant (Defendant below), v. AUTO-OWNERS MUTUAL INSURANCE COMPANY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

David R. Melton, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for appellant.

Robert J. Konopa, Thomas J. Hall, May, Oberfell, Helling, Lorber, Campiti & Konopa, South Bend, for appellee.

STATON, Judge.

Michael Troyer, while riding on his motorcycle, was struck and injured by a truck being driven by Robert Smith (Smith). The truck was owned by Robert Hunt (Hunt). In an out-of-court settlement,1 Troyer was paid $100,000 by Auto-Owners Mutual Insurance Company (Auto-Owners) on behalf of its insured, Hunt.

Auto-Owners was substituted as named plaintiff on the third party...

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