Tag Archives: Economic Loss Rule

United States Court of Appeals for the Sixth Circuit Holds That Kentucky’s Economic Loss Rule Does Not Apply to Consumer Transactions


This entry was posted by on .

In State Farm Mutual Automobile Insurance Company v. Norcold, Inc., 849 F.3d 328 (6th Cir. 2017), the United States Court of Appeals for the Sixth Circuit considered whether Kentucky’s economic loss rule applies to consumer transactions. The economic loss rule prevents the buyer of a product from suing in tort to recover for economic losses when the product damages only itself. The Sixth Circuit predicted that Kentucky would not extend the economic loss rule to consumer transactions. The Norcold case reminds us that, while the economic loss rule can be a significant impediment to products liability subrogation claims, it is important to consider whether there are exceptions available to overcome this defense.

Continue reading

This entry was posted in Economic Loss Doctrine, Kentucky and tagged , .

In Wyoming, the Economic Loss Rule Does Not Preclude a Negligence Claim Against Home Builders for Negligent Construction of the Home


This entry was posted by on .

In Rogers v. Wright, 366 P.3d 1264 (Wyo. 2016), the Supreme Court of Wyoming held that home builders have a tort duty of reasonable care and this duty, independent of any contractual obligations, makes the economic loss rule inapplicable.

Continue reading

This entry was posted in Construction Defects, Economic Loss Rule, Wyoming and tagged , .