Medmarc Casualty Ins. Co. v. Avent America, Inc.

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
No. 09-3390
Decision Date: 
July 15, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in granting plaintiff-insurance company's request for declaratory relief in action alleging that plaintiff did not have duty to defend defendant-insured in series of underlying lawsuits involving presence of Bisphenol-A (BPA) in certain products sold by defendant, as well as defendant's alleged failure to warn consumers of health risks associated with BPA. Underlying lawsuits alleged only economic damages arising out of consumers' purchase of unusable products, and instant policies provided coverage only if lawsuits alleged actual bodily injuries and asserted damages arising out of said injuries.