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VECTREN ENERGY v. EXECUTIVE RISK SPECIALTY

No. 82A05-0702-CV-115.

875 N.E.2d 774 (2007)

VECTREN ENERGY MARKETING & SERVICE, INC., and Citizens By-Products Coal Company, Appellants-Plaintiffs, v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, Proliance Energy, LLC, Harry Bush, and Briane House, Appellees-Defendants.

Court of Appeals of Indiana.

November 7, 2007.

Attorney(s) appearing for the Case

Fred R. Biesecker, Brent W. Huber, Mark A. Bogdanowicz, Ice Miller LLP, Indianapolis, IN, Patrick A. Shoulders, Ziemer Stayman Weitzel & Shoulders, Evansville, IN, Attorneys for Appellants.

William L. O'Connor, Cynthia M. Reese, James B. Chapman II, Dann Pecar Newman & Kleiman, P.C., Indianapolis, IN, Attorneys for Appellee Executive Risk Specialty Insurance Company.

OPINION

BAKER, Chief Judge.

Appellants-plaintiffs Vectren Energy Marketing & Services, Inc. (Vectren), and Citizens By-Products Coal Company (Citizens) (collectively, the appellants) appeal from the trial court's order granting appellee-defendant Executive Risk Specialty Insurance Company's (ERSIC) motion to dismiss the appellants' complaint pursuant to Indiana Trial Rule 12(B)(6). In particular, the appellants contend that they have standing to pursue...

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