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MONROE GUAR. INS. CO. v. MAGWERKS CORP.

No. 49A02-0208-CV-622.

796 N.E.2d 326 (2003)

MONROE GUARANTY INSURANCE COMPANY, Appellant-Defendant, v. MAGWERKS CORPORATION, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 24, 2003.

Attorney(s) appearing for the Case

Todd J. Kaiser, Matthew S. Effland, Ogletree Deakins Law Firm, Indianapolis, IN, Attorneys for Appellant.

William E. Winingham, Wilson Kehoe & Winingham, FRank D. Otte, Indianapolis, IN, Attorneys for Appellee.

Steve Carter, Attorney General of Indiana, Scott A. Kreider, Deputy Attorney General, Indianapolis, IN, Attorneys for Intervenor the State of Indiana.

OPINION

BAKER, Judge.

Today we are called upon to resolve an issue of first impression in Indiana: Was it proper for the trial court to have determined, in its interpretation of an insurance policy as a matter of law, that a "collapse" of a building occurred? We think not in this case and reverse.

Appellant-defendant Monroe Guaranty Insurance Company (Monroe Guaranty) appeals the entry of summary...

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