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ALLSTATE INS. CO. v. HERMAN

No. 71S03-9003-CV-218.

551 N.E.2d 844 (1990)

ALLSTATE INSURANCE COMPANY, Appellant, v. Charles R. HERMAN and Charles R. Herman, Jr., Steven Heroy, Appellees.

Supreme Court of Indiana.

March 22, 1990.

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.

GIVAN, Justice.

This is an interlocutory appeal in which appellant claims the trial court erred in denying its motion for summary judgment. The Court of Appeals affirmed the trial court. Allstate Ins. Co. v. Herman (1989), Ind. App., 542 N.E.2d 576 (Hoffman, J., dissenting).

The facts are: On July 14, 1984, a fight broke out between Heroy, his wife, and a group of approximately 20 to 30 people in front of Heroy's...

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