10 results for 'cat:"Tort" AND cat:"Indemnification"'.
J. Carlos grants an insurance company’s motion for default judgment stating that it has no duty to defend or indemnify a construction company in an underlying state court matter in which a worker was severely injured when the below-ground-level trench collapsed on him. The construction company eventually stopped all communication with its counsel, opposing counsel, and the court, supporting an entry of default judgment.
Court: USDC Eastern District of Pennsylvania, Judge: Carlos, Filed On: April 26, 2024, Case #: 2:22cv4936, NOS: Insurance - Contract, Categories: Insurance, tort, indemnification
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: tort, indemnification
J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: tort, Business Practices, indemnification
Per curiam, the appellate division finds that the lower court properly dismissed the property owner's indemnification claims against the elevator maintenance servicer. The service contract provides that the owner retained exclusive control over repairs to the elevator, and the servicer was only responsible for maintenance. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01776, Categories: tort, indemnification
J. Starr denies a Chinese fan motor manufacturer's motion to dismiss a Texas-based fan maker's action seeking costs incurred following an underlying case in which the fan maker settled claims arising from a fire allegedly caused by a defective fan motor. The district court has personal jurisdiction based, in part, on the Chinese manufacturer's sale of 1.8 million fan motors to the Texas company in Dallas.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: January 24, 2024, Case #: 3:21cv229, NOS: Other Contract - Contract, Categories: tort, Jurisdiction, indemnification
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J. Stadtmueller partially grants the third-party industrial equipment firm's motion in limine to block evidence at trial supporting the freezer manufacturer's tort and indemnification claims against it in the frozen pizza company's lawsuit over blast freezers the manufacturer provided that did not meet specifications. The manufacturer has failed to bring a viable contribution claim showing a "common obligation" in their separate contractual relationships with the frozen pizza company, so evidence related to that claim is barred, but the manufacturer's equitable indemnification claim has support and will move forward.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 19, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: tort, indemnification, Contract
[Consolidated.] J. Jolivette Brown denies summary judgment to a chartered fishing boat company, declining to dismiss contribution claims by owners of two vessels in an inland waterway that were towing a pipe that accidentally collided with the fishing boat, injuring a passenger. There is a genuine dispute of material fact as to the proportional fault of the charter boat owner and the two vessel owners. It is also too early to determine if the fishing boat charter underpaid its share of damages to its injured passenger, as proportional fault of the three vessel owners has not yet been decided.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: September 5, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, tort, indemnification
J. Nathan finds that the district court properly dismissed third-party claims in which UPS seeks indemnification after pallets of vitamins transported by a Taiwanese airline were allegedly damaged en route from Chicago to South Korea. Personal jurisdiction was lacking under either New York's long-arm statute or the Montreal Convention, the former because in-state injury had not been demonstrated and the latter because air transport was the crux of subject-matter jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 19, 2023, Case #: 21-2867, Categories: tort, Jurisdiction, indemnification
Per curiam, the appellate division finds that the lower court improperly dismissed a third-party claim for common-law indemnity in this insurance dispute related to a worker's injury. The university, which was found liable for the injury under New York labor law, adequately pleaded a claim against the tool company for indemnity. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 18, 2023, Case #: 02738, Categories: tort, indemnification