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SMITH v. AUTO-OWNERS INS. CO.

No. 84A01-0611-CV-516.

877 N.E.2d 1220 (2007)

Mary Lou SMITH, Heather Nicole Smith, and Mary Lou Smith and John W. Smith as Natural Parents and Guardians of Jonathan Travis Smith, Appellants-Defendants, v. AUTO-OWNERS INSURANCE COMPANY, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 12, 2007.

Attorney(s) appearing for the Case

Kaleel M. Ellis, III, Rae Elaine Martin, Ellis Law Offices, Terre Haute, IN, Attorneys for Appellants.

R. Steven Johnson, Sacopulos Johnson & Sacopulos, Terre Haute, IN, Attorney for Appellee.

OPINION

KIRSCH, Judge.

Mary Lou Smith, Heather Nicole Smith, and Mary Lou Smith and John W. Smith as natural parents and guardians of Jonathan Travis Smith (collectively, "the Smiths") appeal the trial court's grant of summary judgment in favor of Auto-Owners Insurance Company ("Auto-Owners"). They raise the following restated issue: whether the Smiths' uninsured motorist claim was barred by the language of the insurance policy and by IC 27-7-5-4.

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