Insurer Escapes Faulty Lid Coverage In Fruit Cup Suit

Law360, New York (May 31, 2011, 6:14 PM EDT) -- The Ninth Circuit on Friday affirmed the dismissal of Silgan Containers Corp.’s suit seeking to force its insurer to pay more than $4.6 million to cover losses stemming from defective pull-tab cans it made for Del Monte Corp.

The dispute began when Silgan supplied Del Monte with a number of batches of pull-tab cans that did not function properly. Thousands of customers — 5,100 in fiscal year 2005 — complained to Del Monte that they were having trouble opening fruit cups using the pull tabs. In...
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