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TRI-ETCH, INC. v. CINCINNATI INS. CO.

No. 49A02-0709-CV-827.

891 N.E.2d 563 (2008)

TRI-ETCH, INC., d/b/a Sonitrol Security Systems of Muncie, Jan Etchison, Nancy Etchison, Ruby Young, as Personal Representative of the Estate of Michael Young, deceased, and Scottsdale Insurance Company, Appellants-Plaintiffs-Cross-Appellees, v. CINCINNATI INSURANCE COMPANY, Appellee-Defendant-Cross-Appellant.

Court of Appeals of Indiana.

July 24, 2008.

Attorney(s) appearing for the Case

James R. Fisher, Debra H. Miller, Miller & Fisher LLC, Indianapolis, IN, Attorneys for Appellants, Tri-Etch, Inc., Jan Etchison, Nancy Etchison, and Ruby Young, Personal Representative of the Estate of Michael Young.

Lloyd H. Milliken, Lucy R. Dollens, Locke Reynolds LLP, Indianapolis, IN, Stacy M. Broman, Jacob S. Woodard, Meagher & Geer, P.L.L.P., Minneapolis, MN, Attorneys for Appellant, Scottsdale Insurance Company.

Richard R. Skiles, Janet M. Prather, Skiles Detrude, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

The case we address today stems from a tragedy that has resulted in nine years of litigation. These parties have been before our court three times and have argued their case before our Supreme Court twice. While the issues we address include complex insurance matters concerning notice, prejudice, policy coverage, and defense costs, no amount of litigation will ever erase the unfortunate circumstances that bring us here today....

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