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INDIANA INS. CO. v. SUNTRUST MORTG., INC.

Civil Action No. 3:06CV-44-H.

502 F.Supp.2d 609 (2007)

INDIANA INSURANCE COMPANY, Plaintiff v. SUNTRUST MORTGAGE, INC., Fidelity and Deposit Company of Maryland and William H. Rockwood, Defendants.

United States District Court, W.D. Kentucky, at Louisville.

June 15, 2007.

Attorney(s) appearing for the Case

Joshua Taylor Rose, Nancy B. Loucks, Thomas Patrick O'Brien, HI, Frost Brown Todd LLC, Louisville, KY, for Plaintiff.

John Lewis Tate, O. Scott Barber, III, Stites & Harbison, PLLC, Byron E. Leet, Cornelius E. Coryell, II, Wyatt, Tarrant & Combs, LLP, Mikell Grafton-Skinner, Wesley P. Adams, Jr., Adams, Hayward & Welsh, Louisville, KY, for Defendants.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

A house owned by William Rockwood in Prospect, Kentucky was severely damaged by flooding from a burst pipe in late 2004 and then subsequently burned to a total loss in March 2005. Rockwood had purchased a homeowner's insurance policy from Plaintiff Indiana Insurance Company ("Indiana"), and had refinanced the home with SunTrust Mortgage, Inc. ("SunTrust") At the time of the flood and fire, SunTrust had begun a foreclosure...

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