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TRAVELERS INS. COMPANIES v. ROGERS

No. 49A02-9010-CV-616.

579 N.E.2d 1328 (1991)

TRAVELERS INSURANCE COMPANIES, Appellant-Garnishee Defendant, v. Rosa E. ROGERS and Robert D. Rogers, Appellee-Plaintiffs, Michigan Industrial Mechanical and Gary P. Sumner, Nominal Appellees-Judgment Defendants.

Court of Appeals of Indiana, Second District.

October 21, 1991.

Attorney(s) appearing for the Case

James E. Rocap, Jr., Rocap, Witchger & Threlkeld, Indianapolis, for appellant-garnishee defendants.

Irwin B. Levin, Steven J. Halbert, Caroline Gilchrist, Cohen & Malad, P.C., Indianapolis, for appellees-plaintiffs.

SULLIVAN, Judge.

Travelers Insurance Company (Travelers) appeals from a trial court order in garnishment proceedings which orders Travelers, as the insurer of Michigan Industrial Mechanical (MIM) and Gary Sumner1 (Sumner), to pay to Rosa Rogers and Robert Rogers (the Rogers) the sum of $143,579.87.

We reverse and remand.

Travelers presents two issues for our review, which we restate as follows:

I. Whether Indiana...

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