Trinity Homes LLC v. Ohio Casualty Ins. Co.

Dist. Ct. erred in granting defendant-insurance company’s motion for summary judgment in action by plaintiff-insured/general contractor seeking declaration that defendant-primary insurer’s CGL policy covered costs associated with faulty work performed by subcontractors. While Dist. Ct. believed that damages done to homes arising out of faulty subcontractor work was not property damage caused by occurrence within meaning of applicable insurance policy, issue must be re-evaluated in light of recent Ind. Supreme Ct. decision in Sheehan, 935 NE2d 160, where court found coverage under similar circumstances. Moreover, Dist. Ct. erred in finding as to defendant-issuer of umbrella policy, that plaintiff was required to show that primary insurer had paid entire CGL limit on underlying policy before umbrella coverage was triggered.