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PHICO INS. CO. v. AETNA CAS. AND SUR. CO.

No. IP 96-1899-C-T/G.

93 F.Supp.2d 982 (2000)

PHICO INSURANCE COMPANY, Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY OF AMERICA, Travelers/Aetna Property-Casualty Corporation, and Robert T. Sanders, III Defendants.

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

March 28, 2000.

Attorney(s) appearing for the Case

John P McQuillan, Spangler Jennings & Dougherty P C, Merrillville, IN, for plaintiff.

Nicholas C Nizamoff, White & Raub, Indianapolis, IN, for Robert T. Sanders, III, defendant.

Carl R Pebworth, Baker & Daniels, Indianapolis, IN, for Travelers Property Cas. Corp., defendant.

Christopher G Scanlon, Carl R. Pebworth, Baker & Daniels, Indianapolis, IN, for Travelers Cas. & Sur. Co., defendant.

Entry Ruling On Motions

TINDER, District Judge.

This action was brought by PHICO Insurance Company ("PHICO"), an excess insurer, against Aetna Casualty and Surety Company of America, Travelers/Aetna Property-Casualty Corporation ("Aetna"),1 a primary insurer. Aetna tendered the policy limits in an underlying tort action brought against its insureds; thereafter, PHICO settled with...

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