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DRAKE INS. CO. v. CARROLL CTY. SHERIFF'S DEPT.

No. 2-1180A393.

427 N.E.2d 1153 (1981)

DRAKE INSURANCE COMPANY OF NEW YORK, Appellant (Plaintiff below), v. CARROLL COUNTY SHERIFF'S DEPARTMENT: CARROLL COUNTY: BOARD OF COMMISSIONERS OF CARROLL COUNTY: DALE MCCURDY, Individually and As Agent of Carroll County; and Nancy Walters, Individually and As Agent of Carroll County, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

November 18, 1981.

Attorney(s) appearing for the Case

Jerome L. Withered, Dickson, Reiling & Teder, Lafayette, for appellant.

Barry T. Emerson, Ives, Ives & Emerson, Delphi, for appellees.

SULLIVAN, Judge.

This is a declaratory judgment action initiated by Drake Insurance Company of New York (Drake) to determine its obligation under a professional liability policy issued to the Carroll County Sheriff's Department (Insured). The policy provides in part:

"The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of Coverage A — Personal Injury Coverage...

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