United States Seventh Circuit

In a dispute involving insurance liability coverage for building damage caused by a neighboring property's excavation, district court's judgment is reversed where plaintiff has neither a duty to defend or a duty to indemnify defendant in the underlying lawsuit, as coverage for the property damage in question is excluded by the contractor-subcontractor exclusion of the insurance policy.

Appellate Information

• Argued 02/14/2008
• Decided 04/07/2009
• Published 04/07/2009

Judges

• SYKES, Circuit Judge., Before RIPPLE, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Perry M. Shorris (argued), Bollinger, Ruberry & Garvey, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Mark M. Lyman (argued), Henderson & Lyman, James K. Schultz, McDonald & McCabe, Richard D. Heytow, Crystal, Heytow & Warnick, Chicago, IL, for Defendants-Appellees.