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AMERICAN FAMILY MUT. INS. CO. v. DYE

No. 22A05-9310-CV-383.

634 N.E.2d 844 (1994)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY AND IRA B. ROCKENBACH, Appellants-Defendants, v. James E. DYE, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied August 12, 1994.

Transfer Denied December 8, 1994.

Attorney(s) appearing for the Case

Stephen Hensleigh Thomas, Statham, Johnson & McCray, Evansville, for appellants-defendants.

C. Gregory Fifer, Voelker Law Office, Jeffersonville, for appellee-plaintiff.

STATEMENT OF THE CASE

NAJAM, Judge.

American Family Mutual Insurance Company and Ira B. Rockenbach appeal from the denial of their cross-motions1 for summary judgment and from the partial summary judgment entered for the insured, James E. Dye, in Dye's complaint for declaratory relief, bad faith and breach of fiduciary duty.2 Dye's automobile policy with American Family did not provide underinsured...

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