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AMERICAN UNDERWRITERS v. AUTO-OWNERS MUT.

No. 2-1282A421.

454 N.E.2d 876 (1983)

AMERICAN UNDERWRITERS, Inc., Attorney-in-Fact for the Subscribers at the American Interinsurance Exchange, Appellant (Plaintiff below), v. AUTO-OWNERS MUTUAL INSURANCE COMPANY, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied November 21, 1983.

Transfer Denied February 8, 1984.

Attorney(s) appearing for the Case

John W. Hammel, Mark L. Dicken, Yarling, Robinson, Hammel & Lamb, Indianapolis, for appellant.

Alvin E. Meyer, Stephen J. Peters, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

On September 26, 1979, McQueary entered into a written lease agreement with Macy Transport, Inc. This agreement involved the leasing of a truck, owned by McQueary, and a driver for use by Macy. In the lease agreement McQueary agreed to provide fire, theft and collision insurance for the leased vehicle. In addition McQueary agreed to provide $50,000 of property damage insurance as well. The lease agreement further provided that McQueary "shall...

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