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Tuesday, March 05, 2013

Ind. Decisions - Supreme Court decides one today

In Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company, a 4-page, 5-0 opinion, Chief Justice Dickson writes:

After a fire at a home resulted in an insurance claim, the insurance company denied cov-erage on grounds that the insureds had failed to disclose prior fire losses on their insurance appli-cation. In the ensuing litigation, the trial court granted the insurance company's motion for summary judgment and the Court of Appeals affirmed the trial court in part, reversed in part, and remanded for further proceedings. Dodd v. Am. Family Ins. Co., 956 N.E.2d 769 (Ind. Ct. App. 2011). We granted transfer and now affirm the trial court's grant of summary judgment. * * *

We affirm the trial court's grant of American Family's motion for summary judgment, and the final judgment entered thereon. We further direct the trial court to release and return the tender of premiums to American Family.

Posted by Marcia Oddi on March 5, 2013 01:36 PM
Posted to Ind. Sup.Ct. Decisions