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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
May 30 2008, 9:51 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: GEORGE M. PLEWS KATHERINE E. TAYLOR Plews Shadley Racher & Braun LLP Indianapolis, Indiana

ATTORNEY FOR APPELLEE: ROBERT S. O'DELL O'Dell & Associates, P.C. Carmel, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRET D. SHAW, Appellant-Plaintiff, vs. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee-Defendant. ) ) ) ) ) ) ) ) ) )

No. 49A02-0801-CV-17

APPEAL FROM THE MARION SUPERIOR COURT The Honorable S.K. Reid, Judge Cause No. 49D13-0601-PL-1390

May 30, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Bret D. Shaw appeals the trial court's order granting summary judgment in favor of American Family Mutual Insurance Company ("American Family") on Shaw's bad faith and breach of contract claims based on American Family's denial of coverage under his homeowner's insurance policy. We affirm. Facts and Procedural History The relevant designated facts most favorable to Shaw, the nonmovant, indicate that on November 24, 2003, Shaw notified American Family that his home had been broken into and vandalized five days earlier, resulting in the damage, loss, and destruction of both real and personal property. Shaw's homeowner's policy with American Family reads in pertinent part as follows: INSURING AGREEMENT We will provide the insurance described in this policy in return for your premium payment and compliance with all policy terms. We will provide this insurance to you in reliance on the statements you have given us in your application for insurance with us. You warrant the statements in your application to be true and this policy is conditioned upon the truth of your statements. We may void this policy if the statements you have given us are false and we have relied on them. You and all insureds must comply with the policy terms. Any failure to comply with policy terms by you or any other insured will affect the coverage by this insurance for you and all insureds. .... CONDITIONS

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