The Indiana Court of Appeals will hear oral argument in Sheehan Construction Company v. Continental Casualty Company on Tuesday, April 7th at 4 p.m. 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 Casualty 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.  The insurers obtained summary judgment on the ground damage naturally resulting from defective workmanship is not an "accident" for which the 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.