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ESTATE OF LUSTER v. ALLSTATE INS. CO.

No. 09-2483.

598 F.3d 903 (2010)

ESTATE OF Wavie LUSTER by its personal representative, Rick Gikas, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 2010.

Attorney(s) appearing for the Case

Stephen C. Bower (argued), Thiros & Stracci, Merrillville, IN, for Plaintiff-Appellant.

Thomas R. Haley, III (argued), Jennings, Taylor, Wheeler & Haley, Carmel, IN, for Defendant-Appellee.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

This diversity suit for breach of an insurance contract was dismissed on summary judgment. The suit is governed, so far as the substantive issues are concerned, by Indiana law, and the plaintiff's appeal presents issues of both contract interpretation and Indiana insurance law.

Mrs. Luster was a widow living alone in her house in Merrillville, Indiana. She had a homeowner's insurance policy from Allstate. In October 2001, when she was...

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