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ALEXANDER v. ERIE INS. EXCHANGE

No. 91-3690.

982 F.2d 1153 (1993)

Bradley E. ALEXANDER, individually and as the assignee of Theodore E. Seifert, Plaintiff-Appellant, v. ERIE INSURANCE EXCHANGE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1993.

Attorney(s) appearing for the Case

Carl N. Martin, II (argued), Philadelphia, PA, John H. Caress, Indianapolis, IN, for plaintiff-appellant.

Robert A. Smith (argued), Michael P. Bishop, Bishop, Smith & Bishop, Indianapolis, IN, Walter J. Timby, Jr., Timby, Brown & Timby, Philadelphia, PA, for defendant-appellee.

Before BAUER, Chief Judge, RIPPLE, Circuit Judge, and WOOD, Jr., Senior Circuit Judge.

RIPPLE, Circuit Judge.

This is an appeal from a grant of summary judgment for the defendant, Erie Insurance Exchange (Erie), on a claim of improper failure to defend and indemnify under the provisions of an automobile insurance policy issued by Erie. The district court held that the plaintiff was not covered by the policy. For the reasons that follow, we affirm.

I

BACKGROUND

On April 6, 1985, Theodore Seifert was driving his father's truck...

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