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AMERICAN ECONOMY INS. v. MOTORISTS MUT.

No. 47A05-9108-CV-277.

593 N.E.2d 1242 (1992)

AMERICAN ECONOMY INSURANCE COMPANY, Appellant (Defendant, Cross-Claimant and Counterclaimant below), v. MOTORISTS MUTUAL INSURANCE COMPANY, Appellant (Defendant, Cross-Defendant below), and Kimberly Natalie and Michael Natalie, Appellee (Plaintiff, Counterdefendants below).

Court of Appeals of Indiana, Fifth District.

June 17, 1992.

Attorney(s) appearing for the Case

Don M. Robertson, James L. Whitlatch, Bunger, Robertson, Kelley & Steger, Bloomington, for Motorists Mut. Ins. Co.

Danford R. Due, Charles Fred Miller, Stewart, Due, Miller & Pugh, Indianapolis, for American States Ins. Co. and American Economy Ins. Co.

Kenneth L. Nunn, Betsy Greene, Nunn, Kelley & Greene, Bloomington, for Kimberly and Michael Natalie.

SHARPNACK, Judge.

American Economy Insurance Co. (American) and Motorists Mutual Insurance Co. (Motorists) appeal the trial court's declaratory judgment order. Both companies appeal the court's stacking of the two underinsured automobile insurance policy limits and Motorists appeals the court's prorating of coverage between the two companies. We reverse and remand.

Both American and Motorists present two issues...

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