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PROGRESSIVE SOUTHEASTERN INS. v. SMITH

Court of Appeals Case No. 19A-PL-1094.

140 N.E.3d 292 (2020)

PROGRESSIVE SOUTHEASTERN INSURANCE CO., Appellant-Plaintiff, v. Gregory SMITH and Nolan Clayton, Appellees-Defendants and Erie Insurance Group, Brackett Restaurant Group, LLC, d/b/a Stacked Pickle, and Allstate Insurance Company, Defendants.

Court of Appeals of Indiana.

As corrected on rehearing March 4, 2020.

Attorney(s) appearing for the Case

Attorneys for Appellant: Margaret M. Christensen , Karl L. Mulvaney , Bingham Greenebaum Doll LLP, Indianapolis, Indiana.

Attorneys for Appellee Gregory Smith : Ann Marie Waldron , Waldron Law, Indianapolis, Indiana, Michael E. Simmons , Hume Smith Geddes , Green & Simmons, LLP, Indianapolis, Indiana, Robert P. Thomas , Thomas Law Office, Indianapolis, Indiana.

Attorney for Appellee Nolan Clayton : William D. Beyers , Buchanan & Bruggenschmidt, P.C., Zionsville, Indiana.

This is the second appeal arising out of a declaratory judgment action that was filed by Progressive Southeastern Insurance Company (Progressive). The action was based on a car accident that seriously injured Gregory Smith, who was insured by Progressive. At the time of the accident, Nolan Clayton was driving Smith's vehicle with Smith...

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