Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Tag: Economic Loss Rule
Product Liability Economic Loss Rule and “Other Property” Damage
David Adelstein | Florida Construction Legal Updates One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis… Continue reading Product Liability Economic Loss Rule and “Other Property” Damage
Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
Gus Sara | The Subrogation Strategist In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff’s tort claims against the manufacturer of an allegedly defective toilet water supply line were barred by the economic loss… Continue reading Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law exception for the economic loss rule. Under the common law economic loss… Continue reading Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes
The Economic Loss Rule: From Where Does the Duty Arise?
Taylor Hite | Colorado Construction Litigiation When entering a contract under Colorado law or attempting to enforce your rights when the other party breaches a contract, it is important to know and understand what rights you have and what claims you can bring or defenses you may have. One important consideration is Colorado’s version of the… Continue reading The Economic Loss Rule: From Where Does the Duty Arise?