Duty to Defend When There Is No Loss to Tangible Property – 2
In Indiana, damage from an alleged defective service may be recoverable under a negligence theory if the alleged defective service caused personal injury or damage to other property, but contract law governs purely economic loss arising from the failure of the service to perform as expected. The economic losses included diminution in value of the structure, incidental and consequential losses, lost profits, rental expense, cost of repair and costs of reconstruction.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.