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

No. 3:16-cv-00251-RLY-MPB.

504 F.Supp.3d 913 (2020)

ACCIDENT FUND INSURANCE COMPANY OF AMERICA, Plaintiff, v. CUSTOM MECHANICAL CONSTRUCTION, INC., and Danny Cope, Defendants. Custom Mechanical Construction, Inc., Counter Claimants, v. Accident Fund Insurance Company of America, Counter Defendants. Custom Mechanical Construction, Inc., Third Party Plaintiff, v. Schultheis Insurance Agency Inc., and James Lee Sublett, Third Party Defendants. Liberty Mutual Insurance Company, Intervenor Plaintiff.

United States District Court, S.D. Indiana, Evansville Division.

Signed November 30, 2020.

Attorney(s) appearing for the Case

Justin T. Nestor , Bryce Downey & Lenkov LLC, Schererville, IN, Tina M. Paries , Pro Hac Vice, Bryce Downey & Lenkov LLC, Chicago, IL, for Plaintiff/Counter Defendants.

Jenna C. Lower , Law Offices of the Liberty Mutual Group, Indianapolis, IN, for Intervenor Plaintiff.

Alyssa C.B. Cochran , Kightlinger & Gray, LLP, New Albany, IN, Brent R. Weil , Kightlinger & Gray, Evansville, IN, for Third Party Defendants.

Meagan R. Brien , Reed S. Schmitt , Dentons Bingham Greenebaum LLP, Theodore C. Ziemer, IV , Stoll Keenon Ogden, PLLC, Evansville, IN, Randall K. Schmitt , Pro Hac Vice, McCorriston Miller Mukai MacKinnon LLP, Honolulu, HI, for Defendants/Counter Claimants/Third Party Plaintiff.

Danny Cope, pro se.

ENTRY ON MOTIONS FOR SUMMARY JUDGMENT

While working on a clarifier in Kentucky, Danny Cope fell and suffered serious injuries. At the time of the accident, Cope's employer, Custom Mechanical Construction, Inc., was insured under an Indiana workers' compensation policy obtained through its agent Schultheis Insurance...

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