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AMERICAN STANDARD INS. CO. v. DURHAM

No. 2-678A208.

403 N.E.2d 879 (1980)

AMERICAN STANDARD INS. CO., Appellant (Defendant below), v. Anthony C. DURHAM, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied July 22, 1980.

Attorney(s) appearing for the Case

W. Brent Threlkeld and George E. Martz, Martz, Threlkeld & Duncan, Indianapolis, for appellant.

Michael R. Franceschini and David F. McNamar, Steers, Sullivan, McNamar & Rogers, Indianapolis, for appellee.

BUCHANAN, Chief Judge.

STATEMENT OF CASE

American Standard Insurance Company (American Standard) appeals the trial court's judgment for Anthony C. Durham (Durham) under an automobile insurance policy, claiming the trial court erred in giving two instructions concerning tender of premiums, in refusing to give two instructions concerning a "counterclaim," and in awarding punitive damages.

We reverse.

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