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ALLSTATE INS. CO. v. LARKIN'S BODY SHOP

No. 32A05-9501-CV-1.

673 N.E.2d 846 (1996)

ALLSTATE INSURANCE COMPANY, (Third Party Defendant) Appellant, v. LARKIN'S BODY SHOP AND AUTO CARE, INC. d/b/a Larkin Auto Sales (Defendant and Third Party Plaintiff), Kathy Andruniak (Plaintiff), Nathan Andruniak (Third Party Defendant), and Jeffrey Springer (Third Party Defendant), Appellees.

Court of Appeals of Indiana.

Rehearing Denied April 22, 1997.

Attorney(s) appearing for the Case

Kimberly E. Howard, Smith, Maley & Douglas, Indianapolis, for Appellant.

Divina K. Westerfield, Westerfield & Associates. Carmel, for Appellees.

OPINION

RUCKER, Judge.

When Kathy and Nathan Andruniak sued Larkin's Body Shop and Auto Care, Inc. ("Larkin") for selling them a previously wrecked truck without disclosing that fact to them, Larkin filed a third party action against Allstate Insurance Company seeking indemnity. According to Larkin, Allstate was responsible for obtaining a salvage title for the truck which it failed to do. After a bench trial the trial court entered judgment in favor of...

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