INDIANA INS. CO. v. ALLIS

No. 56A04-9210-CV-358.

628 N.E.2d 1251 (1994)

INDIANA INSURANCE COMPANY, Appellant (Defendant below), v. Clark K. ALLIS and Deborah Allis, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

February 16, 1994.


Attorney(s) appearing for the Case

Karl K. Vanzo, Timothy F. Kelly & Associates, Munster, for appellant.

Robert D. Hawk, Tammy S. Sestak, Spangler, Jennings & Dougherty, Merrillville, for appellees.


MILLER, Judge.

On December 29, 1989, Clark Allis was traveling eastbound on Indiana Route 10, when a red pick-up truck turned onto Route 10 heading west and crossed over the center line into Allis's eastbound lane. Allis swerved off the road to avoid a head-on collision with the pick-up. It is undisputed that, although the pick-up truck caused Allis to swerve, the two vehicles never "hit" or made any physical contact. Allis lost control of his vehicle, it overturned...

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