On June 3, 1991, Donald and Sonna Hummel executed a written purchase order invoice for the purchase.

On June 3,
1991, Donald and Sonna Hummel executed a written purchase order invoice for the
purchase of a 1989 Chevrolet Corsica from Raisor Pontiac in Lafayette, Indiana.
The purchase order indicated that the total retail price of the Corsica would
be $7,681.98, that the Hummels would make a cash down payment of $624.50, and
that the Purdue Employees Federal Credit Union would be the lienholder for the
$7,057.48 balance. The Hummels signed a Retail Installment Contract and
Security Agreement with Raisor Pontiac, presented a check for $350.00, and took
delivery of the Corsica. The next day
»

On June 3,
1991, Donald and Sonna Hummel executed a written purchase order invoice for the
purchase of a 1989 Chevrolet Corsica from Raisor Pontiac in Lafayette, Indiana.
The purchase order indicated that the total retail price of the Corsica would
be $7,681.98, that the Hummels would make a cash down payment of $624.50, and
that the Purdue Employees Federal Credit Union would be the lienholder for the
$7,057.48 balance. The Hummels signed a Retail Installment Contract and
Security Agreement with Raisor Pontiac, presented a check for $350.00, and took
delivery of the Corsica. The next day the Hummels gave Raisor Pontiac a second
check for $274.50. On June 5, 1991, Donald Hummel was driving the Corsica when
it collided with a vehicle driven by Matthew Lyons. At the time of the
accident, Raisor Pontiac held the certificate of title to the Corsica and the
vehicle bore an interim license plate.

Lyons was
injured in the accident and Sean O’Donnell, a passenger in the Lyons vehicle,
died in the collision. The day after the accident, the Hummels’ $274.50 check
to Raisor Pontiac was debited to their account and on June 7, the $350.00 check
was debited. Also on June 7, Raisor Pontiac assigned the Installment Contract
with the Hummels to the Credit Union, which remitted a check to Raisor Pontiac
for $7,057.48, the amount financed. Raisor Pontiac transferred the Certificate
of Title to the Hummels on June 11. At the time of the accident, Raisor Pontiac
was insured by American Employers Insurance Co. under a policy that covered its
ownership, maintenance, or use of covered automobiles. Sean O’Donnell’s parents
sued Hummel for the wrongful death of their son, alleging that he was negligent
in his operation of the automobile at the time of the collision. They also
sought a declaratory judgment that the American Employers’policy covered this
situation on the grounds that Raisor Pontiac was the owner of the vehicle at
the time of the accident. Was Raisor Pontiac the owner or title holder of the
Corsica at the time of the accident?

»

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