Adam K. Hollander adn Haley A. Hinton | Barnes & Thornburg In Harleysville Preferred Ins. Co. v. Dude Products, Inc., the U.S. District Court for the Northern District of Illinois considered whether a general liability insurer had a duty to defend a putative consumer class action in which there were no specific causes of action for property damage.… Continue reading Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.
Tag: property damage
Product Liability Economic Loss Rule and “Other Property” Damage
David Adelstein | Florida Construction Legal Updates One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis… Continue reading Product Liability Economic Loss Rule and “Other Property” Damage
Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”