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D'ARCHANGEL v. ALLSTATE INS. CO.

No. 02A05-9406-CV-255.

656 N.E.2d 294 (1995)

Dale and Brandy D'ARCHANGEL, Appellants-Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

Transfer Denied March 12, 1996.

Attorney(s) appearing for the Case

Roger B. Finderson, David L. Farnbauch, Fort Wayne, for Appellants.

Richard P. Samek, Larry L. Barnard, Miller Carson Boxberger & Murphy, Fort Wayne, for Appellee.

OPINION

BARTEAU, Judge.

Dale and Brandy D'Archangel appeal from the entry of summary judgment in favor of Allstate Insurance Company and the denial of their own motion for summary judgment. At issue is whether Ind. Code 34-4-41-1, et seq., requires an insurer claiming reimbursement rights to pay a pro rata share of the costs incurred by its insured in asserting a claim against a third party tortfeasor...

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