CALLIS v. STATE AUTO. INS. CO.

No. 41A01-9104-CV-90.

579 N.E.2d 129 (1991)

Alfred L. CALLIS, Appellant-Defendant, v. STATE Automobile Insurance Company, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied November 19, 1991.


Attorney(s) appearing for the Case

Phillip R. Smith, Wehrle, Smith & Lybrook, Martinsville, for appellant-defendant.

Robert W. Wade, James P. Cavanaugh, III, Martin, Wade, Hartley & Hollingsworth, Indianapolis, for appellee-plaintiff.


BAKER, Judge.

May an insurer avoid liability on a policy of casualty insurance when, through the fault of its agent, the name of the interested premium-paying party is omitted from the policy? We hold that it may not, and therefore reverse.

Cross-plaintiff-appellant Alfred Callis works as a contract hauler for plaintiff Architectural Brick & Tile, Inc. (Architectural Brick). He purchased one of Architectural Brick's tractor trailer trucks on contract....

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