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STATE FARM LIFE INS. v. FORT WAYNE NAT. BANK

No. 3-384A72.

474 N.E.2d 524 (1985)

STATE FARM LIFE Insurance Company and Robert Houser, Defendants-Appellants, v. FORT WAYNE NATIONAL BANK, As Personal Representative of James L. Zimmerman, Deceased, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

February 18, 1985.

Attorney(s) appearing for the Case

Edward L. Murphy, Jr., Edward J. Liptak, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for defendants-appellants.

Frederick A. Beckman, Thomas J. Goeglein, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, for plaintiff-appellee.

HOFFMAN, Judge.

Fort Wayne National Bank, in the capacity of personal representative, filed suit against State Farm Life Insurance Company and Robert Houser, for failure to properly effect insurance on the life of its decedent, James Zimmerman. Following trial to the court, judgment was rendered in favor of the estate for $34,373.97, plus pre-judgment interest. State Farm and Houser appeal.

The record discloses that James owned 95% of Zimmerman Excavating...

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