Vincennes University, 1002 N. 1st Street, Vincennes, Indiana 47591
P.R. Mallory & Company, Inc., including Radio Materials Corporation, Kraft Foods Global, Inc., formerly known as Kraft Foods North America, Kraft Foods, Inc., Kraft General Foods, Inc., and Dart & Kraft Inc. (the "Plaintiffs") filed a complaint against American Casualty Company of Reading, PA, ("ACC") and Continental Casualty Company ("CCC") and Doe Insurance Companies 1-10, which requested a declaratory judgment indicating that ACC and CCC were obligated to pay costs and expenses related to environmental pollution. The complaint also alleged a breach of contract or anticipatory breach of contract. The trial court granted summary judgment to ACC and CCC because the Plaintiffs provided late notice to ACC and CCC. On appeal, the Plaintiffs raise four issues, which we consolidate and restate as whether the trial court erred by granting ACC and CCC's motion for summary judgment. ACC and CCC argue that Mallory's appeal is untimely and should be dismissed.
The Scheduled Panel Members are Judges Najam, Bailey and Brown.
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[Court_of_Appeals]
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