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HOLIDAY HOSPITALITY FRANCHISING v. AMCO

No. 33A01-1103-CT-104.

955 N.E.2d 827 (2011)

HOLIDAY HOSPITALITY FRANCHISING, INC., Appellant-Defendant, v. AMCO INSURANCE COMPANY, Appellee-Plaintiff. Holiday Inn Express of New Castle, LLC, Anil Megha, S.H., Individually and as Parent and Next Friend of R.M.H., a minor child, and Michael V. Forshey, Interested Parties-Defendants.

Court of Appeals of Indiana.

October 13, 2011.

Attorney(s) appearing for the Case

Robert B. Clemens , Curtis T. Jones , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellant Holiday Hospitality Franchising, Inc.

Freedom Villa Miller , Smith Fisher Maas & Howard, P.C., Indianapolis, IN, Attorney for Interested Parties Holiday Inn Express of New Castle, LLC and Anil Megha.

Mark D. Gerth , Kightlinger & Gray, LLP, Indianapolis, IN, Attorney for Interested Party S.H. Individually and as Parent and Next Friend of R.M.H., A Minor Child.

Danford R. Due , Scott E. Andres , Due Doyle Fanning, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Chief Judge.

Case Summary and Issue

Holiday Hospitality Franchising, Inc. ("Holiday Hospitality") appeals the trial court's grant of Amco Insurance Company's ("AMCO") motion for summary judgment. Holiday Hospitality raises two issues for our review, which we restate as whether an "occurrence" took place for the purposes of the insureds' insurance policy, and whether a hotel guest is "in the care, custody or control" of the...

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