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CINCINNATI INS. CO. v. BACT HOLDINGS, INC.

No. 49A02-9904-CV-286.

723 N.E.2d 436 (2000)

The CINCINNATI INSURANCE COMPANY, an Ohio Corporation, Appellant/Cross-Appellee-Defendant, v. BACT HOLDINGS, INC., an Indiana Corporation, Appellee/Cross-Appellant-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied March 3, 2000.

Attorney(s) appearing for the Case

Michael E. Brown, Jeffrey A. Doty, Kightlinger & Gray, Indianapolis, Indiana, Attorneys for Appellant.

Peter S. Kovacs, Stephen J. Peters, Stewart & Irwin, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

KIRSCH, Judge

This appeal arises out of partial summary judgment entered in favor of the insured, BACT Holdings, Inc., ("BACT"). The suit arose out of a claimed breach of an insurance policy issued by The Cincinnati Insurance Company ("Cincinnati") and Capitol Insurance Company. Cincinnati raises the following issue on appeal: whether the trial court erred in finding that the drum tire/drum mixer ring...

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