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 […]

Seventh Circuit Holds Insurer Did Not Breach Policy or Act in Bad Faith By Treating Rather Than Euthanizing Show Horse

Greenbank v. Great Am. Assurance Co., 2022 WL 3754722 (7th Cir. 2022) Julie Greenbank purchased an athletic show horse named Thomas. Greenbank obtained a mortality insurance policy from Great American Assurance Company that provided coverage in the event of Thomas’ death or his “authorized humane destruction.” The policy defined “authorized humane destruction” as “the intentional […]

Indiana Court of Appeals Determines That UIM Insurer’s Liability for Properly Recorded Hospital Lien Does Not Exceed Coverage Limits

Parkview Hospital, Inc. v. American Family Ins. Co. 2022 WL 1132893 (Ind. Ct. App. 2022)

Parkview Hospital, Inc. v. American Family Ins. Co. 2022 WL 1132893 (Ind. Ct. App. 2022)   The present appeal is the second in this dispute between a hospital and an underinsured motorist’s (“UIM”) insurer (American Family).  American Family’s insured was involved in an automobile accident in Ohio and received treatment from Parkview Hospital, located in […]

Seventh Circuit Court of Appeals Determines Competitor’s Lawsuit Alleging Insured Created a “Knock-off Trailer” Was Not an Advertising Injury Entitled to Coverage

The Aluminum Trailer Company d/b/a ATC Trailers v. Westchester Fire Ins. Co.

The Aluminum Trailer Company d/b/a ATC Trailers v. Westchester Fire Ins. Co., 2022 WL 278614 (7th Cir. 2022)  Aluminum Trailer Company d/b/a ATC Trailers (“ATC”) was sued by Sidi Spaces, LLC d/b/a BizBox (“BizBox”) for breach of contract and tortious interference with its business expectancies.  BizBox alleged that ATC manufactured and sold a “knock-off” trailer […]

Indiana Court of Appeals Holds That COVID-19 Shutdown Orders Did Not Satisfy “Direct Physical Loss or Damage” Requirement for Business Income Coverage

Indiana Repertory Theatre v The Cincinnati Cas. Co.

Indiana Repertory Theatre v. The Cincinnati Cas. Co. 2022 WL 30123 (Ind. Ct. App. 2022) After governments across the country issued shutdown orders in response to the COVID-19 pandemic in March 2020, insurers were flooded with claims from businesses seeking coverage for lost income. Insurers routinely denied the claims because the businesses had not sustained […]

Indiana Court of Appeals Holds Roadside Tech Entitled to UM/UIM Coverage Because He Was “Using” His Work Van While Changing Flat Tire on Customer’s Car

Auto-Owners Ins. Co. v. Shipley

Auto-Owners Ins. Co. v. Shipley, 2021 WL 5707653 (Ind. Ct. App. 2021) Although auto policies generally extend liability coverage to anyone “using” a covered auto, they often limit uninsured/underinsured motorist (UM/UIM) coverage to individuals “occupying” a covered auto.  However, in Indiana, like many states, a person who qualifies for liability coverage under an auto policy […]