VEOLIA WATER INDIANAPOLIS v. NATIONAL TRUST

No. 49A04-1108-PL-412.

973 N.E.2d 3 (2012)

VEOLIA WATER INDIANAPOLIS LLC, City of Indianapolis Department of Waterworks, and City of Indianapolis, Appellants-Defendants, v. NATIONAL TRUST INSURANCE COMPANY and FCCI Insurance Company a/s/o Ultra Steak, Inc. d/b/a Texas Roadhouse, Appellees-Plaintiffs.

Court of Appeals of Indiana.

August 3, 2012.


Attorney(s) appearing for the Case

Matthew W. Melton , Peter A. Schroeder , Cynthia E. Lasher , Norris Choplin Schroeder LLP, Indianapolis, IN, Attorneys for Appellant Veolia Water Indianapolis LLC.

Karl L. Mulvaney , Brian W. Welch , Carl A. Hayes , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Appellants City of Indianapolis Department of Waterworks and City of Indianapolis.

Karen L. Arland , Ice Miller LLP, Indianapolis, IN, Jo Angela Woods , Indiana Association of Cities and Towns, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.

Robert A. Smith , Ary Avnet , Smith & Wade, LLP, Noblesville, IN, Attorneys for Appellees.


OPINION

CRONE, Judge.

Case Summary

On January 4, 2010, there was a fire at a Texas Roadhouse restaurant ("the Restaurant") in Indianapolis.1 The Indianapolis Fire Department responded promptly, but discovered that the fire hydrants in the surrounding four blocks were frozen. This allegedly caused a delay of forty-five minutes in fighting the fire. Due to the delay, the Restaurant building was a total loss.

The...

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