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KELLY v. HAMILTON

No. 85A05-0401-CV-53.

816 N.E.2d 1188 (2004)

Chad KELLY and Shawn Tyree, Appellants-Plaintiffs, v. Terri HAMILTON, Appellee-Defendant, and Allstate Insurance Company, Appellee/Garnishee-Defendant.

Court of Appeals of Indiana.

November 4, 2004.

Attorney(s) appearing for the Case

Tom Belleperche, Blackburn & Green, Fort Wayne, IN, Attorney for Appellants.

Patrick J. Dietrick, Collignon & Dietrick, P.C. Indianapolis, IN, Attorney for Appellee Allstate Insurance Company.

OPINION

SULLIVAN, Judge.

Appellants-Plaintiffs, Chad Kelly and Shawn Tyree (collectively "the Plaintiffs"), challenge the trial court's grant of summary judgment in favor of Appellee-Garnishee Defendant, Allstate Insurance Company ("Allstate"). In challenging the propriety of the summary judgment, the Plaintiffs present two issues for our appellate review, which we restate as: (1) whether Allstate is collaterally estopped from claiming coverage defenses...

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