INDIANA INS. CO. v. SENTRY INS. CO.

No. 3-1281A337.

437 N.E.2d 1381 (1982)

INDIANA INSURANCE COMPANY, (Cross-Defendant below), Appellant, v. SENTRY Insurance Company (Cross-Plaintiff below); Town & Country Home Improvement Company, Inc., (Plaintiff below; Non-Participating Appellee); Delmar L. Hall and Elizabeth Hall (Defendants below; Non-Participating Appellees); First State Savings and Loan Association (Defendant below; Non-Participating Appellee); and Ted Sikora (Defendant below; Non-Participating Appellee), Appellees.

Court of Appeals of Indiana, Third District.

July 29, 1982.


Attorney(s) appearing for the Case

Spangler, Jennings, Spangler, Dougherty, P.C., Merrillville, for appellant; Timothy M. Swan, Merrillville, of counsel.

Robert H. Mittelman, Chicago, Ill., Peter B. Stewart, Indianapolis, for appellee Sentry Ins. Co.; Clausen, Miller, Gorman, Caffrey & Witous, P.C. Pro Hac Vice, Chicago, Ill., Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, of counsel.


STATON, Judge.

This case involves a dispute between two insurance companies as to whether liability for a fire loss should be apportioned between them. Both the Indiana Insurance Company and the Sentry Insurance Company had issued policies covering a house being sold on contract by the Hills to the Halls. The Indiana Insurance policy listed the Hills as the named insured and a savings and loan in the mortgage clause. The...

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