Application of Economic Loss Rule to a Distributor’s Failure to Warn Will Remain Unclear for Now
Case: NBIS Constr. & Trans. Ins. Servs., Inc. v. Liebherr-Am., Inc., 93 F.4th 1304 (11th Cir. 2024) NBIS (the insurer/subrogee for Sims Crane & Equipment Company) sued Liebherr-America, a distributor and servicer of large cranes, after a crane’s boom collapsed. Importantly, NBIS and Liebherr stipulated that the crane itself was not defective. Instead, the claims…