McMURRAY v. NATIONWIDE MUT. INS. CO.

No. 89A04-0701-CV-3.

878 N.E.2d 488 (2007)

Paul S. McMURRAY, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Indiana.

December 28, 2007.


Attorney(s) appearing for the Case

David W. Craig, Scott A. Faultless, Craig Kelley & Faultless, Indianapolis, IN, Attorneys for Appellant.

John T. Hume III, Michael R. Bain, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

MATHIAS, Judge.

Paul McMurray ("McMurray") appeals from the Wayne Superior Court's grant of summary judgment in favor of Nationwide Mutual Insurance Co. ("Nationwide"). At issue in this appeal is whether "other insurance" clauses in the polices of both Nationwide and GuideOne Elite Insurance Company ("GuideOne") are mutually repugnant, requiring each insurer to be liable for a prorated amount of the damages. We reverse and remand for proceedings...

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