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AMERICAN UNITED LIFE INS. CO. v. DOUGLAS

No. 29A02-0304-CV-350.

808 N.E.2d 690 (2004)

AMERICAN UNITED LIFE INSURANCE COMPANY, Appellant-Defendant, v. Peter DOUGLAS, Matthew Douglas and Sharon K. Phillips, Appellee-Plaintiffs.

Court of Appeals of Indiana.

May 18, 2004.

Attorney(s) appearing for the Case

Phillip R. Scaletta, Edward P. Steegmann, Ice Miller, Indianapolis, IN, Attorneys for Appellant.

Jay P. Kennedy, Kroger, Gardis & Regas, LLP, Indianapolis, IN, Sheldon S. Lustigman, Andrew B. Lustigman, The Lustigman Firm, P.C., Michael C. Spencer, Janine L. Pollack, Lee A. Weiss, Brian C. Kerr, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, New York, NY, Ronald A. Uitz, Uitz & Associates, Washington, DC, Attorneys for Appellee.

OPINION

ROBB, Judge.

American United Life Insurance Company ("AUL") filed a Motion to Dismiss the proposed class action complaint against it. The trial court converted the motion into a Motion for Summary Judgment, and granted the motion in part and denied it in part.1 AUL sought certification of the trial court's order for interlocutory...

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