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ALLGOOD v. MERIDIAN SEC. INS. CO.

No. 49A02-0307-CV-580.

812 N.E.2d 1065 (2004)

Christina M. ALLGOOD, Individually and on behalf of all others similarly situated, Appellant-Plaintiff, v. MERIDIAN SECURITY INSURANCE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

August 4, 2004.

Attorney(s) appearing for the Case

Irwin B. Levin, Scott D. Gilchrist, Eric S. Pavlack, Cohen & Malad, LLP, James Keller, Keller & Keller, James H. Young, Young & Young, Indianapolis, IN, Attorneys for Appellant.

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, IN, Attorneys for Appellee.

Robert B. Clemens, George T. Patton, Kathleen I. Hart, Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Amici Curiae.

OPINION ON REHEARING

ROBB, Judge.

Meridian Security Insurance Company insured a vehicle owned by Christina Allgood. After the vehicle sustained a loss, Meridian paid for repairs but refused to pay for the diminished value of the vehicle. Allgood sued, seeking a diminution in value payment. The trial court dismissed her complaint for failure to state a claim upon which relief could be granted. On appeal, we held that Allgood was entitled to a diminution in...

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