Insured: Fact Issue Exists As To Whether Settlement Was Based On Advertising Injury
Mealey's (November 7, 2016, 1:48 PM EST) -- PORTLAND — A pesticide distributor insured has asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s ruling that general liability insurers have no duty to indemnify it for an underlying settlement arising from a former business partner’s lawsuit (Crum & Forster Specialty Insurance Co. v. Willowood USA LLC, et al., Nos. 14-35985 and 16-35222, 9th Cir.).
Repar Corp., which distributes agricultural pesticides, sued Willowood USA LLC for breach of contract, quasi-contract/unjust enrichment, federal trademark infringement and federal unfair competition. The lawsuit...