Amerisure Off Hook In Microplastics Defense Appeal

Law360, New York (September 21, 2010, 4:33 PM EDT) -- A federal appeals court has ruled that Amerisure Mutual Insurance Co. has no duty to defend Microplastics Inc. from a customer's claim over defective products, finding that Microplastics' attempt to classify the claim as property damage relied “entirely on hypothetical situations” rather than on any actual allegations in the claim.

A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit determined Monday that a claim of faulty workmanship in the insured’s own products does not, by itself, qualify as property damage under a...
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