COMMERCIAL UNION INS. v. MOORE

No. 45A03-9508-CV-280.

663 N.E.2d 179 (1996)

COMMERCIAL UNION INSURANCE, Appellant-Counter and Third-Party Plaintiff, v. Monte MOORE and Lillian Daniels, Appellees-Counter and Third-Party Defendants.

Court of Appeals of Indiana.

March 20, 1996.


Attorney(s) appearing for the Case

Angelo A. Buoscio, Buoscio, Pera, Kramer & Nowak, Merrillville, for Appellant.

David N. Gilyan, Merrillville, for Appellees.


OPINION

STATON, Judge.

Commercial Union Insurance ("Commercial Union") appeals the denial of its motion for summary judgment. It presents two issues for our review in this interlocutory appeal which we consolidate and restate as follows: Whether the trial court erred in holding that the insurance policy was ambiguous and thus denying summary judgment.

We reverse and remand.

The undisputed facts indicate that Monte Moore ("Moore") was a passenger...

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