Amerisure Mutual Ins. Co. v. Microplastics, Inc.

Dist. Ct. did not err in granting plaintiff's motion for summary judgment in action alleging that pursuant to terms of commercial general liability policy plaintiff had no duty to defend defendant in underlying lawsuit. Parties agreed that policy did not cover claims for repair or replacement of defective products, and allegations of underlying counterclaim against defendant arising out of defendant's manufacture of certain product made no specific allegation of property damage outside of damages to alleged defective product itself. Moreover said allegations were fully consistent with breach of contract claim, which was not covered event.