Insurer Can't Shake Suit Over 5-Hour Energy Defense

Law360, New York (June 13, 2012, 3:17 PM EDT) -- A California federal judge on Tuesday shot down National Casualty Co.’s bid to escape a lawsuit by Citizens Insurance Co. of America over defense costs for the maker of 5-Hour Energy drinks, which was sued for false advertising and trade libel.

National Casualty’s policy does not clearly exclude the claims at issue in the underlying lawsuit, U.S. District Judge Irma E. Gonzalez said in an order denying the insurer’s motion to dismiss Citizens' lawsuit.

Citizens' suit contends that both it and National Casualty insured Living Essentials...
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