West Bend Mutual Ins. Co. v. Arbor Homes, LLC

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2274
Decision Date: 
January 8, 2013
Federal District: 
S.D. Ind., Indianapolis Div.
Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that plaintiff owed no duty under its insurance policy to defend and indemnify defendant-insured in underlying lawsuit against defendant for repairs to plumbing in home where said lawsuit was eventually settled by defendant with home owner. Voluntary payment provision in policy excluded coverage where, as here, defendant generated settlement of underlying homeowner’s claim without obtaining prior consent of plaintiff. Fact that plaintiff originally took position that defendant was not additional insured under policy, or that plaintiff suffered no prejudice due to any late notice of underlying claim did not require different result.