Legal Opinion · Concurring in part, dissenting in part

Augustine v. First Fed. Sav. & Loan Ass'n of Gary

Indiana Court of Appeals

Decided March 7, 1978No. 3-375A49Published

1Concurring in part, dissenting in part

OPINION CONCURRING IN PART AND DISSENTING IN PART

GARRARD, J.

In this multi-party, multi-claim litigation the seller and the insurance agent have appealed adverse rulings which granted summary judgment on some of the claims.

The basis of the litigation arises from the destruction of a building by fire shortly after the fire insurance covering it expired. The various claims seek to fix responsibility for the fire loss which was suffered, except one which seeks a mortgage foreclosure. While the following is an oversimplification of the claims and course of proceedings, I believe it accurately…

2Cases cited3 opinions

  1. Moore v. SargentIndiana Supreme Court · 1887
  2. Swartzell v. HerrinIndiana Court of Appeals · 1969
  3. Augustine v. First Fed. Sav. & Loan Ass'n of GaryIndiana Court of Appeals · 1978

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