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SCHMITT v. AMERICAN FAMILY MUT. INS. CO.

No. 98-1271.

161 F.3d 1115 (1998)

Randall L. SCHMITT, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Daniel J. Tuley, Michael R. Cochren (argued), Evansville, IN, for Randall L. Schmitt.

Jeffrey A. Doty (argued), Brent Weil, Kightlinger & Gray, Evansville, IN, for American Family Mutual Ins. Co.

Before EASTERBROOK, RIPPLE, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Indiana requires the underwriter of any "motor vehicle liability policy" to provide coverage for accidents caused by uninsured or underinsured motorists, unless the insured declines that coverage in writing. IC § 27-7-5-2. Randall Schmitt purchased two policies that provide indemnity for auto accidents. The primary policy included $100,000 of uninsured or underinsured motorist coverage. The secondary policy — an umbrella policy...

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