No. 01--L--95 STEVE TOWNSEND and KRISTI TOWNSEND, Plaintiffs-Appellees, v. JAMES FASSBINDER, Individually, and FASSBINDER UNITED BUILDERS, INC. , Defendants-Appellants (Rainbow Painting Services, Inc. , Robert Wlodarski, Individually and d/b/a Romar Insurance Service, and Romar Insurance Service, Defendants; United States Liability Insurance Company, Intervenor). JUSTICE BYRNE delivered the opinion of the court: Plaintiffs, Steve Townsend and his wife, Kristi Townsend, brought this common-law negligence and premises liability action against defendants, James Fassbinder (Jim), individually, Fassbinder United Builders, Inc. (United), Rainbow Painting Services, Inc. (Rainbow), Robert Wlodarski, individually and d/b/a Romar Insurance Service, and Romar Insurance Service, for injuries Steve sustained when he fell through an unguarded and unbarricaded hole in the floor while he was working at Jim's house, which was under construction. Each day he reported to the Rainbow shop, where Mike Fassbinder, Rainbow's owner, told the painters where they would be working that day. Eric Fassbinder, Jim's 26-year-old son, was working for his father, doing rough framing and general labor at the house. Ultimately, USLIC terminated its payment of benefits to Steve because James Fassbinder made material misrepresentations on the insurance application and at audit.

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