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PENWELL v. WESTERN & SOUTHERN LIFE INS. CO.

No. 4-1084A284.

474 N.E.2d 1042 (1985)

William L. PENWELL, Appellant (Plaintiff below), v. WESTERN & SOUTHERN LIFE INS. CO., Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

February 27, 1985.

Attorney(s) appearing for the Case

David A. Willis, Valparaiso, for appellant (plaintiff below).

Larry G. Evans, Karen L. Hughes, Hoeppner, Wagner & Evans, Valparaiso, for appellee (defendant below).

CONOVER, Judge.

Plaintiff-Appellant William L. Penwell (Penwell) appeals the entry of summary judgment by the Porter Superior Court in favor of Western and Southern Life Insurance Company (Western and Southern).

Affirmed.

ISSUES

Restated, this appeal presents the following issues:

Whether an insured's failure to perform his affirmative duty to file a claim therefor under the terms of an insurance policy providing for waiver of premiums...

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