Allstate Insurance Co. v. Herman

GIVAN, Justice.

This is an interlocutory appeal in which appellant claims the trial court erred in denying its motion for summary judgment. The Court of Appeals affirmed the trial court. Allstate Ins. Co. v. Herman (1989), Ind. App., 542 N.E.2d 576 (Hoffman, J., dissenting). ©

The facts are: On July 14, 1984, a fight broke out between Heroy, his wife, and a group of approximately 20 to 80 people in front of Heroy's house. In the melee, Her-oy suffered a "split head" and a dislocated shoulder. When he saw one of the group striking his wife in the head with a baseball bat, he ran into the house,…