Legal Opinion · Dissent

United Farm Bureau Mutual Insurance v. Nationwide Mutual Fire Insurance

Indiana Court of Appeals

Decided April 22, 1997No. 02A04-9607-CV-267Published

1DissentBaker, Judge

Because I disagree with the majority’s determination that our supreme court’s decision in Indiana Ins. Co. v. American Underwriters, Inc., 261 Ind. 401, 304 N.E.2d 783 (1973) compels reversal of the trial court’s decision, I respectfully dissent.

In Indiana Ins. Co., our supreme court considered the conflict between two insurance policies, both of which contained limitations on their application when the insured has “other insurance.” Specifically, one policy contained an escape clause, which provided that it would not apply if the insured was covered by another policy, while the other policy…

2Cases cited3 opinions

  1. First Federal Savings Bank of Indiana v. Key Markets, Inc.Indiana Supreme Court · 1990
  2. Indiana Insurance Co. v. American Underwriters, Inc.Indiana Supreme Court · 1973
  3. Shriner v. Union Federal Sav. and Loan Assoc.Indiana Supreme Court · 1955

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