HALEY v. KOLBE & KOLBE MILLWORK CO.

Nos. 16-3563 & 16-3648.

866 F.3d 824 (2017)

Mary HALEY, et al., Plaintiffs, v. KOLBE & KOLBE MILLWORK CO., Defendant-Appellant/Cross-Appellee, and Fireman's Fund Insurance Co., Intervenor-Appellee, and United States Fire Insurance Co., Intervenor-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2017.


Attorney(s) appearing for the Case

Michael J. Flannery , Attorney, CUNEO GILBERT & LADUCA, LLP, St. Louis, MO, Joseph DePalma , Attorney, LITE DEPALMA GREENBERG, LLC, Newark, NJ, for Plaintiffs.

Susan G. Schellinger , Attorney, Aaron E. Hall , Attorney, DAVIS & KUELTHAU, Milwaukee, WI, for Defendant-Appellant.

Beth Ann Berger , Attorney, Jeffrey Alan Goldwater , Attorney, LEWIS BRISBOIS BISGAARD & SMITH LLP, Chicago, IL, for Intervenor-Appellee FIREMAN'S FUND INSURANCE COMPANY.

David E. Schoenfeld , Attorney, Riley Caroline Mendoza , Attorney, SHOOK, HARDY & BACON LLP, Chicago, IL, for Intervenor-Appellee UNITED STATES FIRE INSURANCE COMPANY.

Graham C. Mills , Attorney, NEWMEYER & DILLION, LLP, Walnut Creek, CA, for Amicus Curiae UNITED POLICYHOLDERS.

Before Flaum, Kanne, and Hamilton, Circuit Judges.


In 2014, Mary Haley and others filed a putative class action against Kolbe & Kolbe Millwork Company, claiming that windows purchased from Kolbe were defective and had allowed air and water to leak into (and damage) the plaintiffs' homes. Kolbe tendered the defense of the defective-product claims to several insurance companies...

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