Christopher Groce, et al. v. American Family Insurance Co., et al. - 9/26/2013

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Thursday  September 26, 2013 
10:50 AM  EST

10:50 a.m. - 48S02-1307-CT-472. After the Groces's home was destroyed by a fire, they filed a complaint against their insurance agent and American Family Insurance Company, alleging the agent negligently failed to obtain a homeowner's policy with 100 percent replacement coverage as represented. The Madison Circuit Court entered summary judgment for the defendants. The Court of Appeals affirmed, concluding the claim was barred because the two-year statute of limitations began to run on the date the policy commenced and was not tolled by the agent's alleged representation. Groce v. Am. Family Ins. Co., 986 N.E.2d 828 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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