Judge Admits To Goof, Reverses Chubb Duty-To-Defend Order

Law360, New York (May 24, 2013, 3:18 PM EDT) -- A Georgia federal judge on Wednesday admitted that he made a careless error when he declared that a Chubb Group unit must defend DS Waters of America Inc. against allegations that it illegally recorded customer calls.

U.S. District Judge Robert L. Vining Jr.  said “poor draftsmanship” was to blame for a critical sentence at the end of his March order stating that Federal Insurance Co.'s duty to defend DS Waters against the phone recording class action had been triggered.

The judge said he should have never addressed...
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Case Information

Case Title

DS Waters of America, Inc. v. Zurich American Insurance Company

Case Number



Georgia Northern

Nature of Suit



Robert L. Vining, Jr

Date Filed

October 11, 2012

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