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AUTO-OWNERS INS. CO. v. BENKO

No. 75A04-1108-CT-440.

964 N.E.2d 886 (2012)

AUTO-OWNERS INSURANCE COMPANY, Appellant-Defendant, v. Cathy BENKO and Gerald Ewing, as Executors of the Estate of Laverna Ewing, Deceased, Appellees-Plaintiffs.

Court of Appeals of Indiana.

March 20, 2012.

Attorney(s) appearing for the Case

David L. Taylor , Thomas R. Haley III , Jennings, Taylor, Wheeler & Haley P.C., Carmel, IN, Attorneys for Appellant.

Douglas D. Small , Foley & Small, South Bend, IN, Attorney for Appellees.

OPINION

BAKER, Judge.

In this case, a woman was injured in a vehicular accident and filed a claim for bodily injury against the man who had struck her. She settled for the policy limits of his insurance policy, but it was insufficient to cover her injuries, so she filed an underinsured motorist claim with her own insurance company, who denied the claim stating that she had not complied with a provision in the policy requiring that she bring a claim against...

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