Supplement Co. Says Chubb Must Cover 'Shape Up' Suit

Law360, New York (May 2, 2011, 8:22 PM EDT) -- CSA Nutraceuticals GP LLC argued in Texas on Monday that Chubb Custom Insurance Co. was obligated to defend it in a class action alleging that Shape Up! nutritional supplements, endorsed by TV's Dr. Phil, didn't help consumers lose weight as advertised.

Irving, Texas-based CSA said the insurer owes it about $10 million in litigation costs and another $10 million it paid to settle the underlying suit, and asked for partial summary judgment based on the language of its liability insurance contract with Chubb.

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