CINCINNATI INS. CO. v. AMERISURE INS. CO.

No. 57A03-9404-CV-164.

644 N.E.2d 136 (1994)

CINCINNATI INSURANCE COMPANY, Appellant-Third Party Defendant below, and Rhonda L. Lamonte, Appellant-Defendant and Third Party Plaintiff below, v. AMERISURE INSURANCE COMPANY, Appellee-Third Party Defendant below.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 20, 1995.


Attorney(s) appearing for the Case

John F. Lyons, David R. Steiner, Barrett & McNagny, Fort Wayne, for Cincinnati Ins. Co.

Thomas C. Ewing, Carolyn M. Trier, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, Daniel F. Diggins, Emerick & Diggins, Kendallville, for Rhonda L. Lamonte.

Rick D. Meils, Meils Thompson Dietz & Congleton, Indianapolis, for appellee.


OPINION

STATON, Judge.

Cincinnati Insurance Company and Rhonda Lamonte (collectively "Cincinnati") appeal from the trial court's grant of summary judgment in favor of Amerisure Insurance Company ("Amerisure"). Cincinnati raises five issues for our review which we consolidate into three and restate as follows:

I. Whether the trial court erred in denying coverage under Amerisure's Commercial Auto Policy. II. Whether the trial court erred...

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