Maureen Hayden covers the Indiana Statehouse for CNHIs newspapers and websites
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During oral argument, which was heard by the Sixth Circuit in October of 1979, lawyers for the appellants warned that Judge Feikens ruling for the exposure theory could plague the nations trial courts and appellate courts, together with insurers and insureds alike, for many years to come. Nevertheless, the Sixth Circuit, a year later, affirmed the lower courts adoption of the exposure theory by a two-to-one margin