USA LIFE ONE INS. CO. OF IND. v. NUCKOLLS

No. 11A04-9506-CV-229.

663 N.E.2d 541 (1996)

USA LIFE ONE INSURANCE COMPANY OF INDIANA, Appellant-Defendant, v. MARSHALL L. NUCKOLLS, as Personal Representative of the Estate of Robert L. Nuckolls, Deceased; Marshall L. Nuckolls and Ada Nuckolls, Appellees-Plaintiffs.

Court of Appeals of Indiana.

April 10, 1996.


Attorney(s) appearing for the Case

J. Lamont Harris, Henthorn, Harris & Taylor, Crawfordsville, for appellant.

John P. Nichols, Anderson & Nichols, Terre Haute, for appellees.


OPINION

SULLIVAN, Judge.

Upon interlocutory appeal, USA Life One Insurance Company of Indiana (USA) challenges the denial of its summary judgment motion in an action brought against USA by Marshall and Ada Nuckolls (Nuckolls) regarding a life insurance policy issued to the Nuckolls' deceased son, Robert L. Nuckolls. USA presents the following restated issues for review:

I. Did the trial court err in determining that the accidental death rider of...

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