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OMNI INS. GROUP v. POAGE

No. 92A03-1105-CT-208.

966 N.E.2d 750 (2012)

OMNI INSURANCE GROUP, Appellants-Plaintiffs, v. Lake POAGE, Tonya Poage, Cody Bauer, Jill Bauer, Gary Bauer, and Allstate Insurance Company, Appellees-Defendants.

Court of Appeals of Indiana.

April 23, 2012.

Attorney(s) appearing for the Case

John H. Halstead , Querrey & Harrow, Merrillville, IN, Attorney for Appellant.

Thomas D. Blackburn , Blackburn & Green, Fort Wayne, IN, Karl L. Mulvaney , Nana Quay-Smith , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Lake and Tonya Poage.

OPINION

MAY, Judge.

Omni Insurance Group appeals a summary judgment for Allstate Insurance Co., Lake and Tonya Poage, and Cody, Jill, and Gary Bauer (collectively, "the Poages"), and the denial of its own motion. As there is a genuine issue of material fact as to whether a driver involved in a collision was a resident of the Omni policyholder's residence, summary judgment for the Poages was improper. Therefore, we reverse and remand.

FACTS AND PROCEDURAL...

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