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SEYMOUR MFG. v. COMMERCIAL UNION INS.

No. 03S05-9511-CV-01266.

665 N.E.2d 891 (1996)

SEYMOUR MANUFACTURING COMPANY, INC., Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, American Employers' Insurance Company, Indiana Insurance Company and the Employers' Fire Insurance Company, Appellees.

Supreme Court of Indiana.

Rehearing Denied August 2, 1996.

Attorney(s) appearing for the Case

Patrick W. Harrison, Beck & Harrison, Columbus, for Appellant.

George M. Plews, Jeffrey D. Featherstun, Plews Shadley Racher & Braun, Indianapolis, and Edward O. Roberts, Indianapolis, Amici Curiae, for Indiana Manufacturers Association.

Thomas J. Belcher, Kelley, Belcher & Brown, Bloomington, and Timothy J. Vrana, Sharpnack, Bigley, David & Rumple, Columbus, for Appellee.

Laura A. Foggan, Daniel E. Troy, Robert A. Goodman, Wiley, Rein & Fielding, Washington, D.C., and Lee B. McTurnan and Steven M. Badger, McTurnan & Turner, Indianapolis, Amici Curiae, for Insurance Environmental Litigation Association.

Edward Zampino, Peter E. Mueller, Victor C. Harwood, III, Harwood Lloyd, Hackensack, New Jersey, and Norman T. Funk and Donald D. Levenhagen, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, for Aetna Casualty and Surety Company.

ON PETITION TO TRANSFER

DeBRULER, Justice.

This case comes before this Court on petition to transfer. Ind. Appellate R. 11(B)(2). In this interlocutory appeal, Seymour Manufacturing Company (SMC) appeals the trial court's denial of partial summary judgment on the issue of whether SMC's insurers have a duty to defend SMC against claims arising from SMC's alleged mishandling of waste materials. The Court of Appeals affirmed the trial court. Seymour Manufacturing...

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