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Ind. Ins. Co. v. Kopetsky

Supreme Court of Indiana

April 2, 2015

INDIANA INSURANCE CO., Appellant,
v.
Patricia KOPETSKY, et al., Appellees

Court of Appeals Cause No. 49A02-1304-PL-340. Trial Court Cause No. 49D04-0904-PL-16903.

Published Order

Loretta H. Rush, Chief Justice of Indiana

By orders dated February 26, 2015, the Court granted petitions seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinions reported as Indiana Insurance Co. v. Kopetsky, 11 N.E.3d 508 (Ind.Ct.App. 2014), and Indiana Insurance Co. v. Kopetsky, 14 N.E.3d 850 (Ind.Ct.App. 2014), should be reinstated as Court of Appeals precedent.

Accordingly, the orders granting transfer are VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

Page 1069

Rucker, Massa, and David, JJ., concur.

Rush, C.J., and Dickson, J., dissent from the denial of transfer.


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