![]() ![]() Alig and his wife Mary Jean Alig the original plaintiffs in this case filed a complaint against Sheehan in November 2004. Among other things the materials establish that Vincent B. In addition to the foregoing, Indiana Insurance tendered various other exhibits and affidavits in support of its motion for summary judgment. No insured will, except at the insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.Īppellant's App. ![]() You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit". You must see to it that we receive written notice of the claim or "suit" as soon as practicable. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received and (2) Notify us as soon as practicable. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Duties In The Event of Occurrence, Offense, Claim or Suit. The record reflects the following language in Indiana Insurance's CGL policy under which Sheehan sought indemnification: 2. Here we recite only the facts necessary to our decision on rehearing. 2001).Ī detailed recitation of the facts, procedural history, and background of this case is set forth in our original opinion. #Qdro in tennessee appily to government workers trial#Also, review of a summary judgment motion is limited to those materials designated to the trial court. All facts and reasonable inferences drawn from those facts are construed in favor of the non-moving party. *688 Our standard of review for summary judgment is that used in the trial court: summary judgment is appropriate only where the evidence shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Indiana Insurance appropriately filed a petition for rehearing which we now grant so that this issue may be addressed. We did not address the timeliness of Sheehan's notice. In so doing we addressed what we characterized as the "main issue" in the case, namely: "whether a standard commercial general liability ("CGL") insurance policy covers an insured contractor for the faulty workmanship of its subcontractor." Sheehan Constr. We granted transfer thereby vacating the Court of Appeals opinion, see Indiana Appellate Rule 58(A), and reversed the judgment of the trial court. Because the Court of Appeals affirmed the trial court's judgment on the issue of coverage, it did not address Indiana Insurance's alternative argument that summary judgment should also be affirmed on grounds that Sheehan provided untimely notice of its claims. Sheehan appealed and the Court of Appeals affirmed the judgment of the trial court. Among other things the trial court determined that under the terms of the CGL polices there was no "occurrence" or "property damage" and thus there was no coverage. More particularly, on a claim for indemnification made by Sheehan Construction Company and a Class of homeowners (hereafter "Sheehan") against various insurance carriers including Indiana Insurance, the trial court entered summary judgment in favor of the insurance carriers. Indiana Insurance seeks rehearing of this Court's opinion in which we determined that damage caused by faulty workmanship may be covered under a standard Commercial General Liability (CGL) policy. Joseph, MI, Attorneys for Appellee MJ Insurance, Inc. Kalamaros, Hunt Suedhoff Kalamaros LLP, St. Daniels, of counsel, Walker Wilcox Matousek LLP, Chicago, IL, Attorneys for Appellee Continental Casualty Company. Reeder, Riley Bennett & Egloff, LLP, Indianapolis, IN, Joseph Borders, Peter G. Joseph Dietz, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Appellee Indiana Insurance Company. McNamar, McNamar & Associates, P.C., Indianapolis, IN, Attorneys for Appellant. and Mary Jean Alig Individually, Co-Trustees of the Mary Jean Alig Revocable Trust, and as Representatives of a Class of All Others Similarly Situated, Appellants (Petitioners below),ĬONTINENTAL CASUALTY COMPANY, Indiana Insurance Company, and MJ Insurance, Inc., Appellees (Respondents below). 938 N.E.2d 685 (2010) SHEEHAN CONSTRUCTION COMPANY, INC., Vincent B. ![]()
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