Wednesday, December 22, 2010
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In Trinity Homes v. Ohio Casualty (SD Ind., J. Barker), a 14-page opinion, Judge Kanne writes:
Plaintiffs Trinity Homes and Beazer Homes Investments (collectively referred to as Beazer) were general contractors tasked with the construction of multiple residences throughout Indiana. Rather than build the homes itself, Beazer employed a bevy of subcontractors to handle the home construction— construction that turned out to be defective. After Beazer incurred significant liability related to the defective work and its insurers failed to provide coverage, it brought a claim against both its primary insurers and its umbrella insurer in district court alleging breach of contract and seeking a declaration that all of the insurers had a duty to provide coverage.
While most of the primary insurers settled with Beazer, Ohio Casualty Insurance Company stood resolute, claiming its policy did not cover faulty subcontractor work. The umbrella policy holder, Cincinnati Insurance Company, also argued that its coverage was not triggered because all of Beazer’s underlying policies were not unavailable, as required by the umbrella policy.
The district court granted summary judgment in favor of the insurers. We disagree with the district court’s construction of both insurance policies and reverse the grant of summary judgment in favor of the insurers and remand for further proceedings.
Posted by Marcia Oddi on December 22, 2010 01:25 PM
Posted to Ind. (7th Cir.) Decisions