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NATIONWIDE INS. CO. v. HECK

No. 29A04-0701-CV-28.

873 N.E.2d 190 (2007)

NATIONWIDE INSURANCE COMPANY, Appellant, v. Frances A. HECK and Larry L. Heck, Appellees.

Court of Appeals of Indiana.

September 13, 2007.

Attorney(s) appearing for the Case

Michael R. Bain, Beth A. Garrison, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Appellant.

Karl L. Mulvaney, Dennis F. Cantrell, Tara S. Lutes, Kent D. Zepick, Bingham McHale LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Nationwide Insurance Company ("Nationwide") appeals from the trial court's denial of its summary judgment motion and the court's grant of summary judgment in favor of Larry Heck ("Larry") on Nationwide's declaratory judgment action. Nationwide presents the following issues for our review:

1. Whether the trial court abused its discretion when it denied Nationwide's motion to strike the affidavit...

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