Indiana Court of Appeals Applies “Dishonest Act” and “Unexplained Disappearance” Exclusions in Employer’s Claim That Former Employee Stole Missing Tools

Williams v. Pekin Ins., Inc.  2024 WL 901885 (Ind. Ct. App. 2024)  A contractor entrusted tools to its employee but demanded their return when his employment ended.  When the employee failed to do so, the contractor reported the tools as stolen and sued the former employee for replevin. The former employee returned some tools, but […]

Court of Appeals Holds That Subcontractor’s Insurer Had Duty to Defend but Not Indemnify General Contractor

Scottsdale Ins. Co. v. Harsco Corp. 2022 WL 17087036 (Ind. Ct. App. 2022) Harsco Corporation (“Harsco”) contracted with PPL Montour Company (“PPL”) to build and maintain an elevator at a PPL worksite in Pennsylvania. Harsco subcontracted with Metro Elevator Company (“Metro”) to lease and install the elevator. Consistent with the subcontract, Metro’s commercial general liability […]

Indiana Federal Court Holds That “Professional Services” Exclusion Did Not Relieve Insurer of Duty to Defend Landfill Against Nuisance and Negligence Claims

Savers Prop. & Cas. Ins. Co. v. Rockhill Ins. Co. 2022 WL 9461874 (S.D. Ind. 2022) In Savers Prop. & Cas. Ins. Co. v. Rockhill Ins. Co., county residents sued a nearby landfill, claiming they and their properties were being harmed by noxious odors, pollutants, and contaminants originating from the landfill. The landfill sought coverage […]