FOREMAN v. JONGKIND BROS., INC.

No. 46A04-9304-CV-121.

625 N.E.2d 463 (1993)

Bradley FOREMAN, Judith Foreman, Gregory Garrison, Patricia Garrison, Donald Gray, Linda Gray, John Heroldt, Nancy Heroldt, Michael Komasinski, Ramona Komasinski, Steven Losiniecki, Alita Losiniecki, John White, and Judy White, Appellants (Plaintiffs below), v. JONGKIND BROTHERS, Inc., Appellee (Defendant/Cross-Plaintiff below), Indiana Insurance Company, Appellee (Garnishee-Defendant/Plaintiff/Cross-Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 2, 1994.


Attorney(s) appearing for the Case

Gene M. Jones, William S. Kaminski, Newby, Lewis, Kaminski & Jones, La Porte, for appellants.

Lawrence M. Hansen, Schlyer & Associates, Griffith, for appellee, Jongkind Bros., Inc.

Sherry L. Clarke, Eichhorn, Eichhorn & Link, Hammond, for appellee, Indiana Ins. Co.


MILLER, Judge.

The issue presented is whether an insurer, who refused to defend its insured, is estopped in proceedings supplemental from showing that the damages recovered against its insured were not covered by its insurance policy, where that issue was not adjudicated or necessarily determined by a default judgment entered against its insured. The trial court held the insurer was not estopped and granted summary judgment...

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