Partners Adam Johnson, Cheryl Orr and Shireen Rogers obtained a big win for client Centex Homes in the appeal of[…]
Continue ReadingPartners Adam Johnson, Cheryl Orr and Shireen Rogers Win Appeal in “Duty to Defend” Case
West American Ins. Co. v. Nutiva, Inc., 2018 WL 3861832: False Advertising Is Not An “Accident” Giving Rise To Coverage Under Coverage A Of A CGL Insuring Agreement
On August 14, 2018, the district court for the Northern District of California granted summary judgment for three insurance companies in a declaratory relief action and denied the insured’s cross-motion. The insured was a manufacturer of coconut oil products which had been sued in a putative class action that alleged the insured falsely and deceptively advertised its products as healthy when, in fact, the products caused detrimental health effects, including impaired endothelial function. The insurers had accepted the defense of the class action and were continuing to pay defense costs for the lawsuit. The insurers sued for declaratory relief and also sought reimbursement of their defense costs.
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