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AMERICAN STATES INS. CO. v. BRADEN

No. 25A03-9303-CV-80.

625 N.E.2d 1252 (1993)

AMERICAN STATES INSURANCE COMPANY, Appellant, Defendant-Counterclaimant below, v. Eugene T. BRADEN & Janice L. Braden, et al., Appellees-Plaintiffs.

Court of Appeals of Indiana, Third District.

Transfer Dismissed April 14, 1994.

Attorney(s) appearing for the Case

R. Kent Rowe, Edmond W. Foley, Rowe, Foley & Associates, South Bend, for appellant.

David T. Stutsman, Stutsman & Mulvaney, Elkhart, Robert E. Peterson, Rochester, for appellees Eugene T. Braden and Janice L. Braden.

HOFFMAN, Judge.

Appellant-defendant American States Insurance Company (American States) appeals the trial court's entry of summary judgment in favor of appellees-plaintiffs Eugene T. Braden and Janice L. Braden in a complaint asking the court to declare American States responsible for underinsured motorist coverage for losses sustained in an automobile accident.

The facts pertinent to this appeal disclose that on May 4, 1990, Eugene Braden was injured in an...

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