United States Seventh Circuit

In a general contractors' suit against their insurers and an umbrella insurer seeking a declaration that all of the insurers had a duty to provide coverage for significant liabilities incurred related to a subcontractor's defective construction of residences, district court's judgment is reversed and remanded where: 1) in light of the holding in Sheehan Constr. Co. v. Cont'l Cas. Co., 935 N.E. 2d 160 (Ind. 2010), that a standard CGL policy does cover damage to a home's structure resulting from shoddy subcontractor work unless the subcontractor work was intentionally faulty, district court's grant of summary judgment for the insurer is reversed and remanded; and 2) the district court's grant of summary judgment in favor of the umbrella insurer is reversed and remanded as the district court's interpretation of the contract was erroneous.

Appellate Information

• Argued 03/29/2010
• Decided 12/22/2010
• Published 12/22/2010

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel