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WAGNER v. YATES

No. 22S01-0808-CV-475.

912 N.E.2d 805 (2009)

Brenda S. WAGNER and Darren M. Wagner, Appellants (Plaintiffs below), v. Bobbi J. YATES, et al., Appellee (Defendant below).

Supreme Court of Indiana.

September 3, 2009.

Attorney(s) appearing for the Case

Stephen T. Naville, Gregory M. Reger, Lorch & Naville, LLC, New Albany, IN, Attorneys for Appellants.

Sandra L. Heeke, George A. Budd, V, Waters, Tyler, Scott, Hoffman & Doane, LLC, New Albany, IN, Attorneys for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 22A01-0710-CV-474

RUCKER, Justice.

Interpreting an insurance policy as including set-off and anti-stacking provisions, the trial court granted summary judgment in favor of Insurer. Concluding both provisions are ambiguous, we strictly construe the policy against the Insurer and reverse the judgment of the trial court.

Facts and Procedural History

This is an appeal from the grant...

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