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ASKLAR v. GILB

No. 02S03-1305-CT-332.

9 N.E.3d 165 (2014)

Derek ASKLAR and Pauline Asklar, Appellants (Plaintiffs below), v. David GILB, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire & Marine Insurance Co. d/b/a Zurich and Northland Insurance Co., Appellee (Defendant below), Travelers Indemnity Co. of America, Intervenor.

Supreme Court of Indiana.

May 29, 2014.

Attorney(s) appearing for the Case

Thomas A. Manges , Fort Wayne, IN, Attorney for Appellant.

Diana C. Bauer , Fort Wayne, IN, Attorney for Appellee.

MASSA, Justice.

Derek Asklar appeals the trial court's order of summary judgment capping Empire Fire and Marine Insurance Co.'s liability for underinsured motorist coverage at $75,000. Because the truck at issue was registered and garaged in Indiana, we agree with our Court of Appeals that Indiana law applies. But as issues of material fact remain regarding the applicable level of coverage, we reverse the trial court and remand for further proceedings.

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