SMC v. COMMERCIAL UNION INS. CO.

No. 03A05-9405-CV-195.

648 N.E.2d 1214 (1995)

SEYMOUR MANUFACTURING COMPANY, Inc., Appellant-Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, American Employers' Insurance Company, Indiana Insurance Company and the Employers' Fire Insurance Company, Appellees-Defendants.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied June 20, 1995.


Attorney(s) appearing for the Case

Patrick W. Harrison, Beck & Harrison, Columbus, for appellant.

Thomas J. Belcher, Kelley, Belcher & Brown, Bloomington, Timothy J. Vrana, Sharpnack, Bigley, David & Rumple, Columbus, for appellees.


OPINION

BARTEAU, Judge.

In this interlocutory appeal, brought under Ind.Appellate Rule 4(B)(6), Seymour Manufacturing Company (SMC) appeals the trial court's denial of partial summary judgment on the issue of whether SMC's insurers have a duty to defend SMC against claims arising from SMC's alleged mishandling of waste materials. We heard oral argument on March 6, 1995.

FACTS

In 1968, SMC entered the business of reclamation and disposal...

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