G & S Holdings LLC v. Cont'l Cas. Co., No. 11-1813 (7th Cir. 2012)
Annotate this CaseIn 2007, an explosion occurred at a metal processing plant in Manchester, Georgia owned by GSMC, which had obtained insurance through Continental, covering damage to the plant. Continental made some payments to GSMC, but GSMC subsequently sued, alleging that the payments were inadequate. GSMC is now in bankruptcy. Plaintiffs, claiming that the failure of Continental to timely pay adequate damages to GSMC caused them damages, brought suit against Continental and Hylant, their former insurance broker. Three of the plaintiffs are businesses affiliated with GSMC, and are additional named insureds under the policy that covered the Manchester plant. The other plaintiffs are owners and operators of GSMC, and allege that they are third-party beneficiaries of the policy. The district court dismissed the claims of: breach of contract; promissory estoppel; bad faith; negligence; tortious interference with contract; negligent infliction of emotional distress; and breach of fiduciary duties. The Seventh Circuit affirmed, applying Indiana law.
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