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MILLER v. DILTS

No. 4-183A27.

453 N.E.2d 299 (1983)

Ellawione L. MILLER and Clifford Miller, Appellants (Plaintiffs below), v. Daniel DILTS and William Dilts, Appellees (Judgment Defendants below), State Farm Mutual Automobile Insurance Company, Appellee (Garnishee Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied October 18, 1983.

Attorney(s) appearing for the Case

Daniel J. Harrigan, Bayliff, Harrigan, Cord, Maugans & Russell, P.C., Kokomo, Donald H. Leslie, Marion, for appellants.

Herbert A. Spitzer, Jr., Phillip E. Stephenson, Browne, Torrance, Spitzer, Herriman, Browne & Stephenson, Marion, for appellee.

CONOVER, Presiding Judge.

Ellawione L. Miller and Clifford Miller (Millers) appeal the Delaware Circuit Court's grant of summary judgment to State Farm Mutual Automobile Insurance Company (State Farm).

We reverse.

ISSUE

Whether the trial court erred in entering summary judgment in favor of the insurance company after determining the insured's failure to give notice of the accident as required by the policy until 7 months after the accident...

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