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MID-AMERICAN FIRE & CAS. CO. v. SHONEY'S

No. 49A02-0503-CV-235.

843 N.E.2d 548 (2006)

MID-AMERICAN FIRE & CASUALTY COMPANY, Appellant-Third Party Defendant, v. SHONEY'S INC. and SHN Properties, LLC, individually and as assignees of Miriam Hedrick and the Estate of Donald E. Hedrick, Appellees-Third Party Plaintiffs, and Johnson Oil, LLC, Appellee-Defendant.

Court of Appeals of Indiana.

March 3, 2006.

Attorney(s) appearing for the Case

Michael E. Brown, Ginny L. Peterson, Kightlinger & Gray, LLP, Indianapolis, for Appellant.

Brent W. Huber, Brian J. Paul, Fred R. Biesecker, Ice Miller, Indianapolis, for Appellees Shoney's Inc. and SHN Properties, LLC.

Christopher J. Braun, John M. Ketcham, Plews Shadley Racher & Braun, Indianapolis, for Appellee Johnson Oil, LLC.

OPINION ON REHEARING

BAILEY, Judge.

Shoney's Inc. and SHN Properties (collectively, "Appellees") petition for rehearing on Mid-American v. Shoney's, No. 49A02-0503-CV-235, slip. op. at 16-17, 836 N.E.2d 1062 (Ind.Ct.App. Oct. 5, 2005). In that opinion, we held that the Homeowner's Policy at issue did not cover the remediation costs for a petroleum contamination that occurred on property located at 5010 South East...

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