Zurich American Insurance Company Schindler Elevator Corporation and KONE, Inc. v. Circle Centre Mall, LLC Simon Property Group, Inc. and XL Insurance America, Inc.

Friedlander, Senior Judge.

[1] In 2009, Schindler Elevator Corporation had a contract with Circle Centre Mall, LLC and Simon Property Group, Inc. (collectively, "the Simon Plaintiffs") to maintain the escalators at the Circle Centre Mall in Indianapolis. KONE, Inc. had the maintenance contract before 2009. Schindler's general liability insurer in 2009 was Zurich American Insurance Company. In October of 2009, high school student Phillip Caler fell from an escalator in the mall and sustained severe injuries, and, in 2011, Caler's guardians sued the Simon Plaintiffs, Schindler, and KONE,…