HIBLER v. CONSECO, INC.

No. 29A02-0002-CV-67.

744 N.E.2d 1012 (2001)

Donald HIBLER, Individually and as Class Representative of a Class Composed of All Current and Future Holders of Term Life Insurance Policies Issued by Conseco, Inc. or any of Its Life Insurance Subsidiaries, and Administered Pursuant to Conseco's Home Office Policy Benefits, Procedures, and Claims Departments, Appellant-Plaintiff, v. CONSECO, INC., Conseco Life Insurance Company and all subsidiary Life Insurance Companies of Conseco, Inc. Whose Policy Benefits, Premiums, and Claims are Jointly Administered, Appellees-Defendants. and Lewis & Kappes, on behalf of itself and all others similarly situated, Appellant-Plaintiff, v. National Fidelity Life Insurance Company and Conseco, Inc., et al., Appellees-Defendants.

Court of Appeals of Indiana.

March 20, 2001.


Attorney(s) appearing for the Case

James R. Fisher, Debra H. Miller, Ice Miller Donadio & Ryan, Indianapolis, IN, Douglas D. Church, Church Church Hittle & Antrim, Noblesville, IN, Attorneys for Appellants.

Steven K. Huffer, Scott A. Weathers, Huffer & Weathers, P.C., Indianapolis, IN, Attorneys for Appellees.


OPINION

KIRSCH, Judge.

In this consolidated appeal, Lewis & Kappes ("L & K") and Donald Hibler each appeal adverse summary judgment rulings in favor of National Fidelity Life Insurance Company ("National"), Conseco, Inc., Conseco Life Insurance Company and certain of its subsidiary companies (collectively, "Conseco") and present the following restated issues for our review:

I. Whether a...

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