Metal Pro Roofing, LLC and Cornett Restoration, LLC, Appellants-Defendants/CounterPlaintiffs,
The Cincinnati Insurance Company, Appellee-Plaintiff/CounterDefendant
from the Johnson Superior Court The Honorable Kevin M.
Barton, Judge Trial Court Cause No. 41D01-1501-PL-1
ATTORNEY FOR APPELLANTS Sheila Tow Law Office of Sheila Tow,
LLC Plainfield, Indiana
ATTORNEY FOR APPELLEE Ginny L. Peterson Kightlinger &
Gray, LLP Indianapolis, Indiana
VAIDIK, CHIEF JUDGE.
Metal Pro Roofing, LLC and Cornett Restoration, LLC
("the LLCs") appeal the trial court's grant of
summary judgment in favor of The Cincinnati Insurance Company
("Cincinnati") in a dispute over insurance
coverage. We affirm in part and reverse in part.
and Procedural History
In February 2013, the LLCs, both of which are owned by
Richard Cornett, discovered that someone had hacked into
their bank accounts and stolen over $78, 000. The next month,
the LLCs made claims under insurance policies that had been
issued to them by Cincinnati. They contend that the losses
are covered under two different provisions of the CinciPlus
Crime XC (Expanded Coverage Plus) Coverage Part of the
policies: "Forgery or Alteration" and "Inside
the Premises - Theft of Money and Securities."
The "Forgery or Alteration" coverage provides, in
We will pay for loss resulting directly from
"forgery" or alteration of checks, drafts,
promissory notes, or similar written promises, orders or
directions to pay a sum certain in money that are
(1) Made or drawn by or drawn upon you; or
(2) Made or drawn by one acting as your agent;
or that are purported to have been so made or drawn.
Appellants' App. Vol. II pp. 58, 76. The policies define
"forgery," in relevant part, as "the signing
of the name of another person or organization with intent to
deceive[.]" Id. at 69, 87. The policies do not
The "Inside the Premises" coverage provides, in
We will pay for loss of "money" and
"securities" inside the "premises" or
(1) Resulting directly from "theft" committed by a
person present inside such "premises" or
"banking premises"; ...