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STATE FARM FIRE & CAS. CO. v. NISWANDER

No. 35A02-1307-CT-638.

7 N.E.3d 295 (2014)

STATE FARM FIRE & CASUALTY COMPANY a/s/o Kenneth Burkhart, Appellant/Plaintiff, v. H.H. NISWANDER, Appellee/Defendant.

Court of Appeals of Indiana.

April 9, 2014.

Attorney(s) appearing for the Case

Michael G. Smith , Kahn, Dees, Donovan & Kahn, LLP, Evansville, IN, Attorney for Appellant.

James J. Shea, Sr. , Daniel J. Palmer , Andrew S. Williams , Fort Wayne, IN, Attorneys for Appellee.

OPINION

VAIDIK, Chief Judge.

Case Summary

State Farm appeals the trial court's award of attorney's fees against it for filing a groundless lawsuit. Before the filing of its complaint against H.H. Niswander, State Farm received a report from its experts about the cause and origin of the fire involved in this case. There was no evidence in the report that H.H. Niswander was negligent or caused the fire. For two-and-a-half years, State Farm continued...

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