Aetna Ins. Co. of Midwest v. Rodriguez

OPINION ON REHEARING

GARRARD, Presiding Judge.

Shaver Motors, Inc. has petitioned for rehearing contending inter alia that we mistakenly stated the record in our original decision reported at 496 N.E.2d 1321. Regretfully, we agree. We, therefore, grant rehearing, vacate our prior opinion and issue the following decision.

In 1979 John Rodriguez (Rodriguez) bought a building from Shaver Motors, Inc. (Shaver). Shaver took a mortgage on the property to finance the balance of the purchase price. Rodriguez was required to keep the premises insured for Shaver’s benefit. Rodriguez contacted Nick George…