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FLM, LLC v. CINCINNATI INS. CO.

No. 49A02-0902-CV-127.

973 N.E.2d 1167 (2012)

FLM, LLC, Appellant-Plaintiff/Counterclaim Defendant, and Daimler Chrysler Corporation, n/k/a Chrysler LLC, Appellant-Third-Party Defendant/Counterclaimant, v. The CINCINNATI INSURANCE COMPANY, Appellee-Defendant/Third-Party Plaintiff/Counterclaimant/Counterclaim Defendant.

Court of Appeals of Indiana.

August 28, 2012.

Attorney(s) appearing for the Case

George M. Plews , Jeffrey D. Claflin , Jonathan P. Emenhiser , Plews Shadley Racher & Braun LLP, Indianapolis, IN, Jon S. Faletto , Hinshaw & Culbertson LLP, Peoria, IL, Attorneys for Appellants.

Richard R. Skiles , Janet M. Prather , Skiles DeTrude, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

This appeal concerns insurance coverage for claims arising from the abandonment of foundry sand from the Indianapolis foundry of Daimler Chrysler Corporation, n/k/a Chrysler LLC, ("Chrysler") by lessee International Recycling Inc. ("IRI") on lessor FLM, LLC's ("FLM") property and the migration of the sand onto adjacent property. FLM filed a complaint seeking a declaration that IRI has coverage under IRI's insurance policies with The...

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