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AMERICAN UNDERWRITERS v. AUTO-OWNERS MUT. INS. CO.

No. IP 80-448-C.

496 F.Supp. 889 (1980)

AMERICAN UNDERWRITERS, INC., as Attorney-In-Fact for American Interinsurance Exchange v. AUTO-OWNERS MUTUAL INSURANCE CO.

United States District Court, S. D. Indiana, Indianapolis Division.

September 11, 1980.

Attorney(s) appearing for the Case

Donald L. Tunnell of Yarling, Tunnell, Robinson & Lamb, Indianapolis, Ind., for plaintiff.

Alvin E. Meyer of Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, Ind., for defendant.

ORDER DENYING MOTION TO DISMISS

STECKLER, District Judge.

This matter is before the Court on defendant's motion to dismiss on the basis that (1) plaintiff lacks standing to maintain the action and (2) the Court lacks subject matter jurisdiction.

The plaintiffs, American Underwriters, Inc. and American Interinsurance Exchange, seek pro rata recoupment of amounts paid out in settlement of a property damage claim involving a vehicle allegedly insured...

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