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AETNA INS. CO. OF MIDWEST v. RODRIGUEZ

No. 3-1085A277.

496 N.E.2d 1321 (1986)

AETNA INSURANCE COMPANY OF THE MIDWEST, Appellant (Plaintiff and Third-Party Defendant below), v. John RODRIGUEZ; John Rodriguez, d/b/a Atlas Transmission; John Rodriguez, d/b/a Custom Automotive; Shaver Motors, Inc., and Associated Adjusters, Appellees (Defendants below). Appeal of Shaver Motors, Inc., Appellee (Third-Party Plaintiff below).

Court of Appeals of Indiana, Third District.

August 28, 1986.

Attorney(s) appearing for the Case

Charles T. Jennings, Donna H. Fisher, Jennings, Maas & Stickney, Indianapolis, for appellant.

Clyde D. Comptom, Bonnie C. Coleman, Hodges, Davis, Gruenberg, Compton & Sayers, P.C., Merrillville, for appellee Shaver Motors, Inc.

Edward A. Chapleau, South Bend, for appellee Associated Adjusters, Inc.

Nicholas J. Anast, Tokarski & Anast, Schererville, John Kappos, Merrillville, for appellee John Rodriguez.

GARRARD, Judge.

In 1979, John Rodriguez (Rodriguez) bought a building from Shaver Motors, Inc. (Shaver). Shaver took a mortgage on the property. Rodriguez was required to keep the premises insured for Shaver's benefit. Rodriguez contacted Nick George (George) to procure insurance. In the due course of time, Aetna Insurance Company of the Midwest (Aetna), issued a policy to Rodriguez. The policy contained a standard mortgage clause which, by its terms, would protect...

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