ALLSTATE INS. CO. v. HERMAN

No. 71A03-8901-CV-5.

542 N.E.2d 576 (1989)

ALLSTATE INSURANCE COMPANY, Appellant (Intervenor-Plaintiff below), v. Charles R. HERMAN and Charles R. Herman, Jr., Appellees (Plaintiffs below), and Steven Heroy, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

August 24, 1989.


Attorney(s) appearing for the Case

Robert J. Palmer, May, Oberfell & Lorber, South Bend, for appellant.

Thomas H. Singer, South Bend, for appellees Charles R. Herman and Charles R. Herman, Jr.


GARRARD, Presiding Judge.

Intervenor/plaintiff-appellant Allstate Insurance Company brings an interlocutory appeal. Allstate argues that the trial court erred in denying its motion for summary judgment.

The facts relevant to this appeal disclose that on July 14, 1984 a fight broke out between Heroy, his wife, and a gang of approximately 20 to 30 people in front of Heroy's house. Heroy freed himself and ran into the house and got his wife's gun. He went outside...

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