Wednesday, April 01, 2009
Indiana Court of Appeals hears oral argument at USI
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The Indiana Court of Appeals will hear oral argument in Sheehan Construction Company v Continental Casualty Company at 4 p.m. Tuesday, April 7, in Carter Hall D at the University Center at the University of Southern Indiana. A panel of Judge Patricia A. Riley, Judge Melissa S. May, and Judge Elaine B. Brown will hear the case on appeal from the Marion Superior Court. The case involves a dispute over the scope of coverage of comprehensive general liability insurance policies Continental Causality issued to Sheehan Construction, a general contractor, and Indiana Insurance issued to Somerville Construction, a subcontractor. A class of plaintiffs alleged their homes sustained water damage because of faulty workmanship by Sheehan’s subcontractors. Then insurers obtained summary judgment on the ground damage naturally resulting from defective workmanship is not an “accident” for which policies provide coverage. Sheehan and the Class assert the insurance industry broadened the scope of its standard policies in 1986 to cover such damage. Arguing for the Class and Sheehan will be David McNamar, and arguing for the insurers will be Joseph Borders and Joseph Deitz. The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana. The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools, and county courthouses since its centennial in 2000-2001. The Indiana Court of Appeals is the state’s second-highest court. It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court. The majority of appeals filed in Indiana are decided by the Court of Appeals. The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels. For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals. For the Court’s “Appeal on Wheels” initiatives, as well as additional information on the Sheehan Construction Company, v. Continental Casualty Company, visit http://www.in.gov/judiciary/appeals/arguments.html. Sandhya Graves Indiana Court of Appeals 317/234-4859 or sgraves@courts.state.in.us |
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