Legal Opinion

Maxitrol Co. v. Lupke Rice Insurance Agency, Inc.

Indiana Court of Appeals

Decided March 26, 2010No. 02A03-0905-CV-216PublishedCited by 3 opinions

1Opinion of the Court

OPINION

SHARPNACK, Senior Judge.

Maxitrol Company (Maxitrol) appeals the trial court's judgment in favor of Lup-ke Rice Insurance Company, Inc. (Lupke Rice) following a bench trial. We reverse.

The following issues are dispositive:

1. Whether the trial court erred in concluding that Maxitrol was bound by Lupke Rice's acts even though Lup-ke Rice violated Maxitrol's private instructions not to pay RSA the adjusted premiums.

2. Whether the trial court erred in concluding that Maxitrol ratified Lupke Rice's adjusted premium payments to RSA.

Maxitrol is a Michigan corporation that manufactures gas…

2Cases cited5 opinions

  1. Infinity Products, Inc. v. QuandtIndiana Supreme Court · 2004
  2. Koval v. SIMON TELELECT. INC.Indiana Supreme Court · 1998
  3. Apple Glen Crossing, LLC v. Trademark Retail, Inc.Indiana Supreme Court · 2003
  4. Crumpacker v. JeffreyIndiana Court of Appeals · 1917
  5. Quality Foods, Inc. v. Holloway Associates Professional Engineers & Land Surveyors, Inc.Indiana Court of Appeals · 2006

3Cited by3 opinions

  1. The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David LascoIndiana Court of Appeals · 2013
  2. GMBH v. Porter, Inc.District Court, N.D. Indiana · 2018
  3. Centurion Federal Credit Union v. Michael TribleIndiana Court of Appeals · 2013

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