G & S Holding LLC v. Continental Casualty Co.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-1813
Decision Date: 
September 20, 2012
Federal District: 
N.D. Ind., S. Bend Div.
Dist. Ct. did not err in dismissing for lack of standing plaintiffs’ breach of contract and other related actions alleging that defendant-insurance company’s failure to make timely and adequate payments required by insurance policy issued to insured arising out of property damages incurred to insured’s plant caused plaintiffs, who either did business with insured or who operated insured, to incur financial losses stemming from loss of business with insured. Plaintiffs lacked standing to pursue instant lawsuit since it essentially sought damages based on defendant’s alleged failure to fulfill duties owed to insured rather than failure to fulfill alleged duties owed to plaintiffs, and thus plaintiffs were not real parties in interest to bring instant lawsuit. Moreover, fact that certain plaintiffs were named as additional insureds in policy did not otherwise confer standing to bring instant lawsuit where plaintiffs were not alleging any failure of defendant to fulfill obligations owed to them under policy.