Hawkins v. Auto-Owners (Mutual) Insurance Co.

As pointed out by Judge Buchanan for the Second District, Hawkins v. Auto-Owners Insurance Co. (1991), Ind.App, 579 N.E.2d 118, this declaratory judgment of the trial court is not a summary judgment and should be reversed because it is based upon determinations of material issues of fact without a trial. Ind.Trial Rule 56; I.C. 34-4-10-9; Bochnowski v. Peoples Federal S. & L. (1991), Ind., 571 N.E.2d 282; Brandon v. State (1976), 264 Ind. 177, 340 N.E.2d 756; City of Muncie v. United Nat. Ins. Co. (1991), Ind.App., 564 N.E.2d 979. I would reverse and remand this case to the trial court to…