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AETNA CAS. & SUR. CO. v. KATZ

No. 3-676A158.

377 N.E.2d 678 (1978)

AETNA CASUALTY AND SURETY COMPANY, American Casualty Company, Buckeye Union Insurance Company, Centennial Insurance Company, Commercial Union Insurance Company, General Accident Fire and Life Assurance Corporation, Great American Insurance Company, Gulf Insurance Company, Home Insurance Company, Hoosier Insurance Company, Indiana Insurance Company and U.S. Fidelity and Guaranty Company, Appellants (Plaintiffs below), v. David KATZ, Gough Construction Company, Inc., J.D. Rocco Company, Shamrock Engineering Company and Lynch Signs, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied August 24, 1978.

Attorney(s) appearing for the Case

Michael L. Muenich, Hand, Muenich & Rodovich, Hammond, for appellants.

John E. Hughes, Hoeppner, Wagner & Evans, Valparaiso, Winfield L. Houran, Clifford, Houran, Hiller & Sullivan, Valparaiso, for appellee, J.D. Rocco Co.

STATON, Judge.

A large sign, canopy, and parapet wall of the Wiseway Superfood Center building in Crown Point, Indiana were damaged during unusually high winds. The building was insured for windstorm damage with the Aetna Casualty and Surety Company. After making an inspection of the damaged building, Aetna promptly paid $25,384.93 to its insured. Later, Aetna concluded that the damage to the building was due to faulty and improper design and that the designers and...

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