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CLARK v. STATE FARM MUT. AUTO. INS. CO.

No. 05-4596.

473 F.3d 708 (2007)

Merry CLARK, on behalf of and as next friend of A.C., Minor, and S.C., Minor, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 2007.

Attorney(s) appearing for the Case

Ryan K. Johnson (argued), Keller & Keller, Indianapolis, IN, for Plaintiff-Appellant.

Mark D. Gerth (argued), Kightlinger & Gray, Indianapolis, IN, for Defendant-Appellee.

Before RIPPLE, MANION, and WOOD, Circuit Judges.

MANION, Circuit Judge.

Merry Clark, on behalf of her two minor children A.C. and S.C., sued State Farm Mutual Auto Insurance Company ("State Farm"), alleging that State Farm breached the terms of its insurance policy's underinsured motor vehicle ("UIM") provision when it denied the Clark children's UIM claims. The district court concluded that the driver of the automobile that injured the Clark children was not operating an underinsured motor vehicle as defined by...

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