United States Seventh Circuit

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Hayes Lemmerz Int'l, Inc. v. ACE Am. Ins. Co., 10-1073

In an employer's suit against its insurer for refusing to tender defense in an underlying suit under its workers' compensation and employer liability policy, judgment of the district court in favor of the insurer is affirmed as, because defendant was, by virtue of Indiana law, a joint employer, insurer was contractually obligated to reimburse the reasonable expense of defendant's getting itself dismissed from the tort suit. However, because the defendant is not claiming that insurer refused to pay that amount, but rather, it is complaining that the insurer breached its duty to defend by failing to advise defendant that it's law firm was not defending the suit properly, the insurer had no duty to provide its insured's lawyers with legal advice.

Appellate Information

  • Argued 06/01/2010
  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010

Judges

Court

  • United States Seventh Circuit

Counsel

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