CINCINNATI INS. CO. v. BEAZER HOMES INVESTMENTS

No. 08-5967.

594 F.3d 441 (2010)

The CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee, v. BEAZER HOMES INVESTMENTS, LLC et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2010.


Attorney(s) appearing for the Case

ARGUED: Martin M. McNerney, King & Spalding LLP, Washington, DC, for Appellants. Kimberly A. Kyle, Kohnen & Patton, LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Martin M. McNerney, King & Spalding LLP, Washington, DC, Michael M. Raeber, Jessica E. Sabbath, King & Spalding LLP, Atlanta, Georgia, Jaron P. Blandford, McBrayer, McGinnis, Leslie & Kirkland PLLC, Lexington, Kentucky, for Appellants. Kimberly A. Kyle, K. Roger Schoeni, Kohnen & Patton, LLP, Cincinnati, Ohio, for Appellee.

Before: BATCHELDER, Chief Judge; SILER and GILMAN, Circuit Judges.


RONALD LEE GILMAN, Circuit Judge.

The Cincinnati Insurance Company (CIC) sued Beazer Homes Investments, LLC in a declaratory-judgment action to establish that CIC was not obligated to cover the costs that Beazer incurred in repairing water damage to several houses that Beazer had built as the general contractor. The damage was allegedly caused by faulty workmanship on the part of Beazer's subcontractors. CIC's motion for judgment on the pleadings was granted by the...

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