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MAXITROL CO. v. LUPKE RICE INS. AGENCY, INC.

No. 02A03-0905-CV-216.

924 N.E.2d 179 (2010)

MAXITROL COMPANY, Appellant-Defendant, v. LUPKE RICE INSURANCE AGENCY, INC. d/b/a/ Lupke Rice Associates, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 26, 2010.

Attorney(s) appearing for the Case

Michael G. Latiff, Butzel Long, Detroit, MI, Attorneys for Appellant.

Karen T. Moses, Shannon K. Reed, Fort Wayne, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Senior Judge.

Maxitrol Company (Maxitrol) appeals the trial court's judgment in favor of Lupke Rice Insurance Company, Inc. (Lupke Rice) following a bench trial. We reverse.

The following issues are dispositive:

1. Whether the trial court erred in concluding that Maxitrol was bound by Lupke Rice's acts even though Lupke Rice violated Maxitrol's private instructions not to pay RSA the adjusted premiums. 2. Whether...

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