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TOWN & COUNTRY MUT. INS. CO. v. SAVAGE

No. 2-880A289.

421 N.E.2d 704 (1981)

TOWN & COUNTRY MUTUAL INSURANCE COMPANY, Appellant (Defendant below), v. Curt SAVAGE, d/b/a Curt's Marathon, Appellee (Plaintiff below), Charles E. Evans, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

Rehearing Denied August 31, 1981.

Attorney(s) appearing for the Case

C. Wendell Martin, Martin & Hartley, Indianapolis, Edward S. Mahoney, Lacy, O'Mahoney, Mahoney, Angel & Jessup, Kokomo, for appellant.

C. Michael Cord, Bayliff, Harrigan, Cord & Maugans, Merrill W. Otterman, Kerwin & Otterman, Kokomo, for appellee Curt Savage, d/b/a Curt's Marathon.

BUCHANAN, Chief Judge.

CASE SUMMARY

Defendant-appellant Town & Country Mutual Insurance Company appeals from an $8,000 judgment entered against it in favor of Curt Savage, d/b/a Curt's Marathon under color of an insurance policy issued by it to Curt Savage. Savage appeals from denial of pre-judgment interest.

We affirm in part and reverse in part.

FACTS

The facts most favorable to the judgment are as follows:

On November...

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