Miracle-Gro Maker Handed Setback In Insurance Suit

Law360, New York (March 27, 2009, 12:00 AM EDT) -- Liberty Mutual Insurance Co. has won a partial victory against Miracle-Gro maker Scotts Co. LLC, after a judge tossed five of the six claims Scotts brought against the insurer, accusing it of concealing records of past insurance coverage.

Judge James L. Graham of the U.S. District Court for the Southern District of Ohio ruled Thursday that Liberty's failure to locate missing policy documents is not fraud in his 109-page summary judgment, which also addresses five other allegations made by Scotts.

The suit dates back to 2006,...
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