AUTO-OWNERS INS. CO. v. COX

No. 48A02-0003-CV-179.

731 N.E.2d 465 (2000)

AUTO-OWNERS INSURANCE CO., Appellant-Defendant, v. Margaret Anne COX, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 14, 2000.


Attorney(s) appearing for the Case

Donald K. McClellan, McClellan, McClellan & Arnold, Muncie, Indiana, Attorney for Appellant.


OPINION

KIRSCH, Judge

In this interlocutory appeal, Auto-Owners Insurance Company appeals the trial court's denial of its motion for summary judgment in a case brought by Margaret Anne Cox based upon breach of a contract of insurance. Upon appeal, Auto-Owners claims that the trial court erred in denying the motion because there is no factual dispute that Cox did not comply with the terms of the insurance policy by bringing suit within one year.

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