Federal Judge: Complaint Involving Deli Snack Trays Does Not Allege ‘Occurrence’

Mealey's (September 21, 2015, 1:51 PM EDT) -- ALLENTOWN, Pa. — A Pennsylvania federal judge held Sept. 17 that an underlying lawsuit alleging that an insured’s snack trays failed to conform to a contractually specified and required performance standards sounds in breach of contract and fails to allege an “occurrence” pursuant to primary and excess commercial general liability insurance policies, finding that the insurer has no duty to defend its insured (Firemen's Insurance Company of Washington, D.C., Plaintiff, v. Tray-Pak Corporation, No. 13-3711, E.D. Pa.; 2015 U.S. Dist. LEXIS 124192).

(Memorandum opinion available. Document...
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