Aetna Ins. Co. of the Midwest v. Rodriguez

GIVAN, Justice.

On August 28, 1986, the Court of Appeals rendered the first opinion in this case in which they reversed the decision of the trial court. Aetna v. Rodriguez (1986), Ind.App., 496 N.E.2d 1321. On March 12, 1987, the Court of Appeals, in an opinion on rehearing, affirmed the decision of the trial court. Aetna v. Rodriguez (1987), Ind.App., 504 N.E.2d 1030.

In the latter opinion, the Court of Appeals relied upon the case of Skendzel v. Marshall (1973), 261 Ind. 226, 301 N.E.2d 641 for the proposition that a conditional sale vendor should be treated as a mort gagee. Although the…