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BALAGTAS v. BISHOP

No. 79A02-0903-CV-239.

910 N.E.2d 789 (2009)

Joseph BALAGTAS and, Federated Mutual Insurance Co., Appellants-Defendants, v. Harry Joe BISHOP, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 4, 2009.

Attorney(s) appearing for the Case

Karl G. Popowics, Beth A. Schenberg, Goodin Abernathy, LLP, Indianapolis, IN, Attorneys for Appellant.

Michael J. Stapleton, Elizabeth B. Searle, Ball Eggleston PC, Lafayette, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Federated Mutual Insurance Co. ("Federated") appeals from the trial court's order denying its motion for summary judgment and granting summary judgment in favor of Harry Joe Bishop ("Bishop") in his claim for underinsured motorist coverage. Federated presents the following restated issue for our review: whether the trial court erred in its interpretation of Indiana Code section 27-7-5-2 as requiring a named insured's election or rejection...

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