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HATCHER v. HAUPERT

No. 49A02-9412-CV-726.

655 N.E.2d 1229 (1995)

John M. HATCHER, as Trustee of Whitley County Memorial Hospital Retirement Plan, Appellant-Plaintiff, v. Dale HAUPERT and John Mortell, as Commissioner of the Indiana Department of Insurance, Appellees-Defendants.

Court of Appeals of Indiana.

September 25, 1995.

Attorney(s) appearing for the Case

Thomas R. Lemon, Michael E. Armey, Lemon, Armey, Hearn & Leininger, Warsaw, for appellant.

James P. Posey, Fort Wayne, for Dale Haupert. Pamela Carter, Attorney General of Indiana.

Annette S. Biesecker, Terry Duga, Deputy Attorneys General, Indianapolis, for appellees.

OPINION

KIRSCH, Judge.

John M. Hatcher is the Trustee of the Whitley County Memorial Hospital Retirement Plan. In May 1986 the Retirement Plan purchased a single premium annuity contract (the Annuity) issued by Mutual Security Life Insurance Company (Mutual Life). The Annuity listed one employee of the Hospital as the annuitant. Dale Haupert acted as an agent for the Retirement Plan when the Annuity was purchased.

Upon petition of the Commissioner...

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