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ANDERSON MATTRESS CO. v. FIRST STATE INS. CO.

No. 30A05-9205-CV-159.

617 N.E.2d 932 (1993)

ANDERSON MATTRESS COMPANY, Inc., Appellant-Plaintiff, v. FIRST STATE INSURANCE COMPANY, Defendant-Appellee Cross-Appellant, v. J.W.F. Insurance Companies, Inc. d/b/a J.W. Flynn Company, Swett & Crawford, Inc. and Cameron & Colby Company, Inc., Appellees-Defendants.

Court of Appeals of Indiana, Fifth District.

Transfer Denied October 12, 1993.

Attorney(s) appearing for the Case

Stephen E. Arthur, V. Samuel Laurin III, Bose McKinney & Evans, Indianapolis, for appellant-plaintiff.

Robert M. Baker, Johnson Smith Densborn, Wright & Heath, Indianapolis, for appellee-defendant Swett & Crawford, Inc.

Michael E. Brown, Jeffrey A. Doty, Kightlinger & Gray, Indianapolis, for appellee-defendant, J.W.F. Insurance Companies, Inc. d/b/a J.W. Flynn Co.

James A. Goodin, Patrick L. Miller, Goodin & Kraege, Indianapolis, for defendant-appellee-cross-appellant, First State Ins. Co.

SHARPNACK, Chief Judge.

The plaintiff, Anderson Mattress Co. (Anderson), filed this action and first sought a declaratory judgment establishing that the policy of insurance which Anderson had procured from defendant First State Insurance Co. (First State) was a blanket coverage policy and not a scheduled coverage policy as asserted by First State. The complaint also alleged in the alternative that defendant J.W.F. Insurance Co., doing business as J.W. Flynn Co., ...

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