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FOR PUBLICATION
ATTORNEY FOR APPELLANTS: C. DAVID LITTLE Power, Little & Little Frankfort, Indiana ATTORNEY FOR APPELLEE: ROBERT S. O'DELL O'Dell & Associates, P.C. Carmel, Indiana

FILED
Nov 03 2011, 8:38 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
MICHAEL DODD and KATHERINE DODD, Appellants-Plaintiffs, vs. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee-Defendant. ) ) ) ) ) ) ) ) ) )

CLERK

No. 12A02-1010-CT-1414

APPEAL FROM THE CLINTON SUPERIOR COURT The Honorable Justin H. Hunter, Judge Cause No. 12D01-0409-CT-412

NOVEMBER 3, 2011 OPINION - FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Plaintiffs-Appellants Michael and Katherine Dodd ("the Dodds") appeal the trial court's grant of summary judgment in favor of Defendant-Appellee American Family Mutual Insurance Company ("American Family"). We affirm in part, reverse in part, and remand for further proceedings. ISSUE The Dodds raise one issue, which we restate as: whether the trial court erred by granting summary judgment to American Family.1 FACTS AND PROCEDURAL HISTORY In 1998, Michael and Katherine were not yet married, and they lived together in Katherine's house in Frankfort, Indiana. On March 24, 1998, Katherine's house was destroyed by fire. The house was insured. Katherine's insurer at the time reimbursed her for the loss but declined to renew the policy. Michael and Katherine intended to build a new home at the same location, and they met with an insurance agent to get new homeowner's insurance. On September 15, 1998, Michael, but not Katherine, executed an application for homeowner's insurance from American Family. On the application, Michael indicated that he had not "had any past/current losses at any locations." Appellants' App. p. 109. He further stated on the application that his "girlfriend/fianc

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Indiana Law