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HESHELMAN v. NATIONWIDE MUT. FIRE INS. CO.

No. 1-780 A 185.

412 N.E.2d 301 (1980)

Alan D. HESHELMAN, Appellant (Plaintiff below), v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Columbus, Ohio, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 5, 1981.

Attorney(s) appearing for the Case

William D. Lalley, Duvall, Tabbert, Lalley & Newton, Indianapolis, John R. Van Winkle, Free, Brand, Tosick, Van Winkle & Allen, Greenfield, for appellant.

David M. Haskett, Alan S. Brown, Locke, Reynolds, Boyd & Weisell, Indianapolis, George J. Lewis, Lineback & Lewis, Greenfield, for appellee.

ROBERTSON, Presiding Judge.

This is an appeal by Alan D. Heshelman (Insured) from an adverse decision of the trial court in his action for damages against Nationwide Fire Insurance Co. (Insurer) for failure to defend the Insured in a third party lawsuit. The duty to defend was predicated on a homeowner's policy of insurance which included coverage and a duty to defend a lawsuit alleging bodily injury. The Insured's action against the Insurer

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