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TRANSAMERICA INS. SERVICES v. KOPKO

No. 37S03-9105-CV-357.

570 N.E.2d 1283 (1991)

TRANSAMERICA INSURANCE SERVICES, Appellant, v. Andrew J. KOPKO, As Trustee, 545 Service Corporation and Citizens Development Company, Appellees.

Supreme Court of Indiana.

May 14, 1991.

Attorney(s) appearing for the Case

James D. McQuillan, Robert D. Brown, Spangler, Jennings & Dougherty, P.C., Merrillville, for appellant.

Fred M. Cuppy, Kathryn D. Schmidt, Burke, Murphy, Costanza & Cuppy, Merrillville, for appellees.

ON CIVIL PETITION TO TRANSFER

GIVAN, Justice.

Andrew J. Kopko, as trustee of a land development trust, was named in a lawsuit brought by persons who had purchased a home on land which later settled, damaging the home. Kopko had an insurance policy with Transamerica Insurance Services. Transamerica, however, denied liability and refused to defend Kopko on the ground that he was being sued for his deliberate and fraudulent actions, and further that the subject...

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