Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et al.

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ATTORNEYS FOR APPELLANT VEOLIA WATER INDIANAPOLIS, LLC Matthew W. Melton Cynthia E. Lasher Peter A. Schroeder Indianapolis, Indiana ATTORNEYS FOR APPELLEES Robert A. Smith Ary Avnet Noblesville, Indiana ATTORNEYS FOR APPELLANTS CITY OF INDIANAPOLIS, DEPARTMENT OF WATERWORKS AND CITY OF INDIANAPOLIS Karl L. Mulvaney Brian W. Welch Carl A. Hayes Indianapolis, Indiana Jul 09 2014, 11:11 am In the Indiana Supreme Court No. 49S04-1301-PL-00008 VEOLIA WATER INDIANAPOLIS, LLC, CITY OF INDIANAPOLIS, DEPARTMENT OF WATERWORKS, AND CITY OF INDIANAPOLIS, Appellants (Defendants below), v. NATIONAL TRUST INSURANCE COMPANY AND FCCI INSURANCE COMPANY A/S/O ULTRA STEAK, INC. D/B/A TEXAS ROADHOUSE, Appellees (Plaintiffs below). Appeal from the Marion County Superior Court, No. 49D12-1010-PL-044624 The Honorable Heather A. Welch, Judge On Petition for Rehearing July 9, 2014 David, Justice. Veolia seeks rehearing and asks this Court to determine whether the Insurers are thirdparty beneficiaries to the Management Agreement between Veolia and the City of Indianapolis. We now grant rehearing. As to all issues not expressly addressed in our principal opinion, the Court of Appeals is summarily affirmed pursuant to Ind. Appellate Rule 58(A)(2). Dickson, C.J., Rucker, Massa, and Rush, J.J., concur. 2

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