Stanley A. Martin – February 5, 2014 Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed $500,000, but the owner’s pollution coverage is apparently limited to $5,000. Is the owner barred from pursuing the contractor and others based on the waiver of… Continue reading Waiver of Subrogation – Two Reminders
Month: March 2014
Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims
Gregory G. Schwab, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola and Thomas S. Schaufelberger – February 12, 2014 Klepper v. Ace American Ins. Co., No. 15A05-1212-CC-645 (Ind. Ct. App. Dec. 5, 2013) Indiana Court of Appeals permits class action plaintiffs to pursue theory of bad faith claims handling even after dismissal… Continue reading Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims