No. 17A05-9304-CV-133.

643 N.E.2d 382 (1994)

ECONOMY FIRE & CASUALTY COMPANY, Appellant-Defendant, v. Martin D. COLLINS, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied February 7, 1995.

Transfer Denied June 15, 1995.

Attorney(s) appearing for the Case

Robert B. Clemens, George T. Patton, Bose McKinney & Evans, Indianapolis, for appellant.

Richard R. Bleeke, Sowers, Bleeke & Associates, Ft. Wayne, for appellee.


RUCKER, Judge.

This is a breach of contract action filed against Defendant-Appellant Economy Fire & Casualty Company (Economy) for failing to settle a claim within policy limits. A previous action arising out of an automobile collision resulted in an excess judgment against Economy's insured, John Terry. Subsequently, the insured's estate assigned to Plaintiff-Appellee Martin Collins (Collins) any claims it may have had against the company. Thereafter...

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