ACCIDENT FUND INS. CO. v. CUSTOM MECHANICAL CONST.

Nos. 21-2548, 21-2549, & 21-2560.

49 F.4th 1100 (2022)

ACCIDENT FUND INSURANCE CO. OF AMERICA, Plaintiff-Appellee, v. CUSTOM MECHANICAL CONSTRUCTION, INC., Defendant-Appellant, and Liberty Mutual Insurance Co., Intervenor-Appellant, and Schultheis Insurance Agency, Inc. and James Lee Sublett, Third-Party Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 2022.


Attorney(s) appearing for the Case

Jeanne M. Hoffmann , Attorney, Downey & Lenkov LLC, Chicago, IL, for Plaintiff-Appellee.

Reed S. Schmitt , Attorney, Dentons Bingham Greenebaum LLP, Evansville, IN, for Defendant-Appellant.

Crystal G. Rowe , Alyssa Cochran , Attorneys, Kightlinger & Gray LLP, New Albany, IN, Brent R. Weil , Attorney, Kightlinger & Gray LLP, Evansville, IN, for Third-Party Defendants-Appellants.

Lyle Raymond Hardman , Attorney, Hunt Suedhoff Kalamaros LLP, South Bend, IN, for Intervenor-Appellant.

Before Wood, St. Eve, and Jackson-Akiwumi, Circuit Judges.


Danny Cope was injured on a job site in Kentucky and filed a workers' compensation claim. The subcontractor who hired him for the project, Custom Mechanical Construction, Inc. ("CMC"), is based in southern Indiana and had an insurance policy with Accident Fund Insurance Co. of America ("AFICA") at the time of the accident...

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