PATTON ELEC. CO., INC. v. GILBERT

No. 3-483A114.

459 N.E.2d 1192 (1984)

PATTON ELECTRIC COMPANY, Inc., and Ramasses Corporation, Appellants (Plaintiffs below), v. James O. GILBERT, Harry A. Crawford, Louis B. Allaire, Julian M. Bowers and Rowland E. Webber d/b/a Insurance and Risk Management, General Adjustment Bureau, Thomas Nelson Fidelity & Deposit Company of Maryland, Maryland Casualty Company, Northern Insurance Company of New York, Assurance Company of America, Pennsylvania General Insurance Company, the Camden Fire Insurance Association, General Accident Fire & Life, Assurance Corporation, Ltd., Potomac Insurance Company, Great American Insurance Company, the Hanover Insurance Company, Reliance Insurance Company, Millers National Insurance Company, Providence Washington Insurance Company, Security Insurance Company of Hartford, and Frank Thomas, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

February 15, 1984.


Attorney(s) appearing for the Case

Charles S. Gleason, Gleason, Hay & Gleason, Indianapolis, Donald F. Strutz, Roger A. Treece, Strutz & Treece, Fort Wayne, for appellants.

John F. Lyons, William F. Sweet, Jr., Charles W. McNagny, Barrett, Barrett & McNagny, Fort Wayne, Peter G. Tamulonis, Mark W. Gray, Kightlinger, Young, Gray & DeTrude, Indianapolis, for appellees.


STATON, Presiding Judge.

Patton Electric Company and Ramasses Corporation (insureds) sued James Gilbert, et al. (insurors) seeking compensatory and punitive damages alleging that insurors wrongfully and maliciously breached their insurance contract with insureds when, after insureds' building was damaged by fire, insurors refused to "pay the full amount of the agreed loss." In June of 1980, insureds' suit was dismissed for failure to prosecute. In November of 1982...

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