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MIDWEST MUT. INS. CO. v. INDIANA INS. CO.

No. 2-478-A-135.

412 N.E.2d 84 (1980)

MIDWEST MUTUAL INSURANCE COMPANY, Appellant (Plaintiff below), v. INDIANA INSURANCE COMPANY, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 3, 1980.

Attorney(s) appearing for the Case

Eugene O. Maley and George V. Heins, Smith, Maley & Douglas, Indianapolis, for appellant.

Rick D. Meils, Champion, Hanley, Meils & Zink, Indianapolis, for appellee.

SULLIVAN, Judge.

Midwest Mutual Insurance Company (Midwest) appeals from the trial court's entry of summary judgment in favor of Indiana Insurance Company (Indiana) in Midwest's declaratory judgment action seeking contribution from Indiana.

The facts precipitating suit were as follows. On June 23, 1975, Kevin McCarty, while riding a motorcycle, was injured by a hit and run motorist. Kevin's mother, Ann McCarty, had two separate insurance policies in effect...

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