Wingenroth v. American States Insurance Co.
Indiana Court of Appeals
1Opinion of the CourtRatliff, Judge
(writing by designation)
STATEMENT OF THE CASE
The Wingenroths appeal from the granting of summary judgment by the Marion Superior Court to the defendant, American States Insurance Company, in an action for recovery of insurance proceeds under the terms of their homeowner's policy. We reverse and remand.
FACTS
During a storm on June 29, 1976, a tree fell on the roof of the Wingenroth home causing extensive damage. The Wingen-roths notified American States of the damages and repairs were commenced.
Some time prior to August 25, 1977, American States issued a check to the Win-genroths for $11,664.18…
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