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Trinity Homes LLC v. Ohio Cas. Ins. Co., 09-3613

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By FindLaw Staff on December 22, 2010 3:10 PM

General contractor's suit for coverage

Trinity Homes LLC v. Ohio Cas. Ins. Co., 09-3613, concerned 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.

 

In reversing the district court's grant of summary judgment for the insurer, the court remanded the case 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.  The court also reversed and remanded the district court's grant of summary judgment in favor of the umbrella insurer as the district court's interpretation of the contract was erroneous.

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