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DUNN v. MERIDIAN MUT. INS. CO.

No. 49A02-0208-CV-621.

810 N.E.2d 739 (2004)

James B. DUNN, on behalf of himself and others similarly situated, Appellant-Plaintiff, v. MERIDIAN MUTUAL INSURANCE COMPANY, an Indiana Corporation n/k/a State Automobile Mutual Insurance Company, an Ohio Corporation, Appellees-Defendants.

Court of Appeals of Indiana.

June 21, 2004.

Attorney(s) appearing for the Case

Jay P. Kennedy, Kroger, Gardis & Regas, LLP, Indianapolis, IN, Andrew S. Friedman, Elaine A. Ryan, Bonnett, Fairbourn, Friedman & Balint, P.C., Phoenix, AR, Attorneys for Appellant.

Arthur P. Kalleres, Robert L. Gauss, Brent W. Huber, Ice Miller, Indianapolis, IN, Attorneys for Appellees.

OPINION

MAY, Judge.

James B. Dunn appeals the dismissal with prejudice of his breach of contract complaint1 against Meridian Mutual Insurance Co. Dunn raises four issues on appeal, which we consolidate and restate as whether the uninsured motorist provision of Dunn's policy obliged Meridian Mutual to pay for the "diminished value" of Dunn's car after an accident, as well as the cost to repair it.

We reverse and remand...

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