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ALLSTATE INS. CO. v. CINCINNATI INS.

No. 48A02-9510-CV-619.

670 N.E.2d 119 (1996)

ALLSTATE INSURANCE COMPANY, Appellant-Subrogee Defendant, v. CINCINNATI INSURANCE, Appellee-Plaintiff, v. Rick SHAW, Appellee-Defendant.

Court of Appeals of Indiana.

September 18, 1996.

Attorney(s) appearing for the Case

William C. Moore, Moore & Gaston, Indianapolis, for Appellant.

Donald K. McClellan, McClellan, McClellan & Arnold, Muncie, for Appellee.

OPINION

FRIEDLANDER, Judge.

Allstate Insurance Company appeals a judgment that it was obligated to pay Cincinnati Insurance Company's subrogation claim based upon an automobile insurance policy issued to Kelly Bose by Allstate.

The facts favorable to the judgment are that Kelly Bose and Rick Shaw were employed by the Aid Company. Bose owned an Audi automobile and had smelled gasoline. Bose reported the problem to Shaw, who was a mechanic, and asked...

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