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INDIANA FARMERS v. NORTH VERNON DROP FORGE

No. 40A05-0904-CV-220.

917 N.E.2d 1258 (2009)

INDIANA FARMERS MUTUAL INSURANCE COMPANY, Appellant-Plaintiff, v. NORTH VERNON DROP FORGE, INC., Roger Crane, Douglas Dibble, Edward Reid, and Glen White, Appellees-Defendants.

Court of Appeals of Indiana.

December 15, 2009.

Attorney(s) appearing for the Case

Mark R. Smith, Smith Fisher Maas & Howard, P.C., Indianapolis, IN, Attorney for Appellant.

R. Davy Eaglesfield, Courtney B. Justice, Justice Law Office, Logansport, IN, Attorneys for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

The defendant insureds agreed to provide a third party with "clean fill" dirt from their steel forge. The fill dirt turned out to be contaminated. The third party sued the insureds for depositing contaminated waste on his property. The complaint alleged intentional and unintentional torts, breach of contract theories, and strict liability causes of action. The defendants' commercial general liability insurer...

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