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MIDWESTERN INDEM. CO. v. SYSTEMS BUILDERS

No. 49A02-0304-CV-287.

801 N.E.2d 661 (2004)

The MIDWESTERN INDEMNITY COMPANY, as subrogee of Action Steel, Inc., and Louise Litwack, Appellants-Plaintiffs, v. SYSTEMS BUILDERS, INC., Varco-Pruden Buildings and A/E Technologies, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Denied May 7, 2004.

Attorney(s) appearing for the Case

Charles T. Jennings, Thomas R. Haley III, Jennings Taylor Wheeler & Bouwkamp, Carmel, IN, Attorneys for Appellants.

James L. Petersen, Ice Miller, Indianapolis, IN, Philip L. Fortune, Smith Currie & Hancock, Atlanta, GA, Attorneys for Appellees.

OPINION

SHARPNACK, Judge.

This appeal arises out of a contract for the construction of an addition to an industrial building and the collapse of that addition due to an accumulation of snow on its roof. The plaintiff and appellant is Midwestern Indemnity Company ("Midwestern") which brought suit as subrogee of Louise Litwick and Action Steel, Inc. ("Action Steel") to recover the amount it paid to its insureds...

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