UNITED STATES FIDELITY & GUAR. v. DeFLUITER

No. 3-483A96.

456 N.E.2d 429 (1983)

UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellant, v. David DeFluiter, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 10, 1984.

Transfer Denied April 17, 1984.


Attorney(s) appearing for the Case

James A. Strain, James E. Mahoney, Barnes & Thornburg, Indianapolis, Richard E. Steinbronn, Barnes & Thornburg, Elkhart, for defendant-appellant.

Darrell J. Hiatt, Elkhart, for plaintiff-appellee.


HOFFMAN, Presiding Judge.

The parties stipulated to the following set of facts. On May 16, 1976, David DeFluiter was involved in an accident with an uninsured motorist. The uninsured motorist's negligence was the sole cause of the accident. DeFluiter owned three automobiles which were insured by appellant, United States Fidelity & Guaranty Company, (U.S.F. & G.). However, the accident occurred while DeFluiter was operating a motorcycle which he owned but had...

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