Legal Opinion

D.O. McComb & Sons, Inc. v. Feller Funeral Home, Inc.

Indiana Court of Appeals

Decided December 9, 1999No. 17A04-9905-CV-195Published

1Opinion of the Court

OPINION

BAKER, Judge

Appellant-plaintiff D.O. McComb & Sons, Inc. (McComb) appeals from the decision of the trial court that it was not entitled to a five percent (5%) transfer fee, to be paid by appellee-defendant Feller Funeral Home, Inc. (Feller), after the latter was named the beneficiary of a funeral insurance policy originally purchased from McComb and naming McComb the beneficiary. Specifically, McComb argues that Ind.Code § 30-2-13-13 unambiguously requires payment of a transfer fee whenever a purchaser designates a successor seller of funeral services and merchandise, whether actual…

2Cases cited4 opinions

  1. Indiana Department of State Revenue v. Horizon BancorpIndiana Supreme Court · 1994
  2. Matter of LehmanIndiana Supreme Court · 1997
  3. Holmes v. ACandS, Inc.Indiana Court of Appeals · 1999
  4. R.P.D. ex rel. DickIndiana Court of Appeals · 1999

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