11 results for 'cat:"Insurance" AND cat:"Product Liability"'.
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: insurance, product Liability, Indemnification
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J. Schreier denies a motion for summary judgment brought by a steel company following the collapse of a hopper bin which killed two individuals. The insurance company's motion to exclude expert testimony as moot is also denied. Punitive damages are not available unless a tort has been committed. Because the steel company's bad faith claim is dismissed, summary judgment is granted in favor of the insurance company on the steel company’s request for punitive damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: December 21, 2023, Case #: 4:19cv4156, NOS: Insurance - Contract, Categories: insurance, product Liability, Experts
J. Hurd denies an insurer’s motion to exclude two experts’ testimony seeking to rebut claims that a manufacturer’s exhaust fan was defective and was the source of a fire that damaged an insured’s apartment building. The court finds their testimony, which suggests the fire was resulted from wood placed near a heating source, is sufficiently based on reliable principles and methods. The court further grants the insurer’s motion to preclude the experts’ cumulative testimony.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 7, 2023, Case #: 8:22cv1356, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: insurance, product Liability, Experts
J. Settle finds in favor of the insurance company for its complaint that it has no duty to defend or indemnify the metal contractor in an underlying lawsuit in which Pacific Seafood's employee claims he was injured by the metal contractor's "fish skinning wheel." The insurance company's Comprehensive General Liability policy does not cover the employee's negligence and defective design and manufacturing claims against the metal contractor, so the insurance company does not have to defend or indemnify the metal contractor as a matter of law.
Court: USDC Western District of Washington, Judge: Settle, Filed On: October 19, 2023, Case #: 3:23cv5400, NOS: Insurance - Contract, Categories: insurance, Negligence, product Liability
J. Rubin grants an energy efficient lighting company's motion to dismiss a commercial insurer's second amended complaint after a fire on the insurer's subrogee's property. The subrogee is a firm that grows cannabis and claims that the lighting company's faulty bulbs caused the fire. However, because the firm is headquartered in Colorado, the claim cannot proceed based on personal jurisdiction. The subrogee may pursue litigation in Colorado.
Court: USDC Maryland, Judge: Rubin, Filed On: September 20, 2023, Case #: 1:22cv2723, NOS: All Other Real Property - Real Property, Categories: insurance, product Liability, Jurisdiction