Failure to defend lawsuit leads to new lawsuit in Madison County

Kelly Holleran Mar. 1, 2012, 12:16am


A company has filed suit against the business that it claims refused to defend it in a Madison County lawsuit.

Super Products claims it was named as a defendant in a lawsuit filed April 29, 2009, in Madison County Circuit Court. Hyex, the owner of an International brand semi-tractor, had sued Super Products after it claims the truck caught on fire due to faulty wiring, according to the current complaint filed Feb. 24 in Madison County Circuit Court.

Before the truck had caught on fire, Super Products signed a lease agreement with defendant Hydro-Exec on Feb. 27, 2008. In the agreement, Hydro-Exec promised to defend Super Products if it should ever be named in a lawsuit, the suit states. However, it has refused to do so, the complaint says.

Hydro-Exec breached its contract with Super Products by refusing to defend the lawsuit on Super Products' behalf, by failing to maintain the truck in a safe condition, by failing to properly inspect the truck and by failing to properly operate the truck, according to the complaint.

Because of the incident, Super Products claims it incurred legal fees.

In addition to reimbursement for the legal costs it claims it has incurred, Super Products is seeking other relief the court deems just.

Anthony M. Goldner and Bradley S. Levison of Wilson, Elser, Moskowitz, Edelman and Dicker of Chicago will be representing it.

Madison County Circuit Court case number: 12-L-246.

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