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SHEEHAN CONST. CO., INC. v. CONTINENTAL CAS. CO.

No. 49A02-0805-CV-420.

908 N.E.2d 305 (2009)

SHEEHAN CONSTRUCTION COMPANY, INC., Vincent B. Alig, M.D. and Mary Jean Alig, Individually, Co-Trustees of the Mary Jean Alig Revocable Trust and as Representatives of a Class of all Others Similarly Situated, Appellants-Defendants, v. CONTINENTAL CASUALTY COMPANY, Indiana Insurance Company and MJ Insurance, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 23, 2009.

Attorney(s) appearing for the Case

David F. McNamar, McNamar & Associates, P.C., Indianapolis, IN, Attorney for Appellants.

Mary K. Reeder, Riley Bennett & Egloff, LLP, Indianapolis, IN, Joseph Borders, Peter G. Daniels, Walker Wilcox Matousek LLP, Chicago, IL, Attorneys for Continental Casualty Co.

Joseph Dietz, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorney for Indiana Insurance Co.

Philip E. Kalamaros, Hunt Suedhoff Kalamaros LLP, St. Joseph, MI, Attorney for MJ Insurance, Inc.

OPINION

MAY, Judge.

A class of homeowners who alleged their homes were negligently constructed by Sheehan's subcontractors sued Sheehan. Sheehan had a comprehensive general liability ("CGL") policy with Continental. The Class and Sheehan settled, and Continental participated in the mediation that led to the settlement. The settlement was for about $2,800,000, with about $800,000 for attorneys fees and about $2,000,000 for the cost of repairing the homes...

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