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WEST AMERICAN INS. CO. OHIO v. McGHEE

No. 71A03-8801-CV-11.

530 N.E.2d 110 (1988)

WEST AMERICAN INSURANCE COMPANY OF THE OHIO CASUALTY GROUP OF INSURANCE COMPANIES, Plaintiff-Appellant, v. Mary McGhee, As Co-Personal Representative and R.W. Chamblee, Jr., As Successor Co-Personal Representative of the Estate of Philmore Hankerson, Sr., Deceased; Mary Vida and Nancy Collins, As Co-Administrators of the Estate of Kathy Kalber, Andre Kalber Butler, and Nicolle Kalber, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 6, 1989.

Attorney(s) appearing for the Case

John W. Van Laere, Jones, Obenchain, Ford, Pankow & Lewis, South Bend, for plaintiff-appellant.

Charles A. Asher, South Bend, for defendants-appellees.

HOFFMAN, Judge.

The West American Insurance Company (West) is appealing a negative decision in this declaratory judgment action. West filed this action seeking a ruling that, by reason of an exclusionary clause, it was not liable to the appellees, who are a group of potential claimants under a homeowner's insurance policy issued by West. The court reached its decision on an agreed record, without live testimony and, although...

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