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UNITED OF OMAHA v. HIEBER

No. 02A03-9409-CV-337.

653 N.E.2d 83 (1995)

UNITED OF OMAHA, Appellant-Third Party Defendant, v. William HIEBER, Dennis Hieber, Donald Hieber, Individually and As a Farm Partnership, and Kevin Hieber, Appellees-Defendants and Third Party Plaintiffs, and Nathan Hammond, by His Parent and Next Friend, Marjorie Hammond, Kasey Hammond, by Her Parent and Next Friend, Marjorie Hammond, and Marjorie Hammond, Appellees-Plaintiffs, and United Farm Bureau Mutual Insurance Company, Appellee-Intervenor and Third Party Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied December 12, 1995.

December 15, 1995.

Attorney(s) appearing for the Case

Thomas W. Yoder, Fort Wayne, for appellant.

Leonard E. Eilbacher, Brian L. England, Fort Wayne, for appellees.

OPINION

GARRARD, Judge.

United of Omaha (Omaha) appeals certain pretrial orders and the summary judgment entered against it in a declaratory judgment action to determine the enforceability of Omaha's subrogation clause in a group health insurance policy.

FACTS AND PROCEDURAL HISTORY

On May 24, 1990, Marjorie Hammond was operating a motor vehicle in which her children, Nathan and Kasey, were passengers. She swerved in order to avoid a farm...

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