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WINGENROTH v. AMERICAN STATES INS. CO.

No. 2-583A154.

455 N.E.2d 968 (1983)

Edward S. WINGENROTH and Mildred B. Wingenroth, Plaintiffs-Appellants, v. AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Indiana, Second District.

November 10, 1983.

Attorney(s) appearing for the Case

John F. Townsend, Jr., Townsend, Hovde, Townsend & Montross, Indianapolis, for plaintiffs-appellants.

Kent O. Stewart, John M. McCrum, Stewart & Reeder, Indianapolis, for defendant-appellee.

RATLIFF, Judge (writing by designation)

STATEMENT OF THE CASE

The Wingenroths appeal from the granting of summary judgment by the Marion Superior Court to the defendant, American States Insurance Company, in an action for recovery of insurance proceeds under the terms of their homeowner's policy. We reverse and remand.

FACTS

During a storm on June 29, 1976, a tree fell on the roof of the Wingenroth home causing extensive damage. The Wingenroths...

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