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WEST BEND MUT. INS. CO. v. ARBOR HOMES LLC

No. 12-2274.

703 F.3d 1092 (2013)

WEST BEND MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. ARBOR HOMES LLC, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 2013.

Attorney(s) appearing for the Case

Mark R. Smith (argued), Attorney, Smith Fisher Maas & Howard, Indianapolis, IN, for Plaintiff-Appellee.

Darren A. Craig (argued), Attorney, Frost Brown Todd LLC, Indianapolis, IN, for Defendant-Appellant.

Before POSNER, ROVNER and SYKES, Circuit Judges.

ROVNER, Circuit Judge.

A plumber hired by homebuilder Arbor Homes, LLC, ("Arbor") made one of the biggest mistakes a plumber can make: he forgot to connect the home's drainage system to the city's sewer. The question here is whether Arbor or the plumber's insurer is liable for the resulting damages to the newly built home. Although Arbor behaved very admirably in addressing the problem for the new homeowners, it failed to protect its own interests, and we must affirm...

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