Legal Opinion · Dissent

Cincinnati Insurance v. Mallon

Indiana Court of Appeals

Decided May 19, 1980No. 2-1078A362Published

1DissentSullivan, Judge

MEMORANDUM DECISION

The policy issued by Cincinnati Insurance Company (Cincinnati) to Frame Designs was a multiperil policy divided into two distinct coverage sections. Section I, relating to Property Coverage, specifically excludes loss or damage caused by mysterious disappearance. Section II, relating to Liability Coverage, specifically excludes property damage where the property is on the insured’s premises “for the purpose of having operations performed on such property by or on behalf of the insured.” The majority holds that the trial court failed to give proper consideration to these…

2Cases cited4 opinions

  1. Loftin v. United States Fire InsuranceCourt of Appeals of Georgia · 1962
  2. American States Insurance v. Aetna Life & Casualty Co.Indiana Court of Appeals · 1978
  3. Employers' Liability Assur. Corp., Limited v. Youghiogheny & Ohio CoCourt of Appeals for the Eighth Circuit · 1954
  4. First National Bank v. Ohio Casualty Ins.Ohio Court of Appeals · 1953

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