3rd Circuit: No Excess Coverage For Suit Against Distributor Over Frozen Stromboli

Mealey's (November 5, 2015, 1:48 PM EST) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Nov. 4 found that a $2.5 million verdict against a distributor insured stemming from its marketing of frozen stromboli did not result from “advertising injury” claims pursuant to an excess insurance policy and a subsequent $660,000 verdict was covered by a distributor insured’s primary insurance policy, affirming a lower federal court’s ruling that the excess insurer has no duty to indemnify its insured (Charter Oak Insurance Co. v. Maglio Fresh Foods, et al., No. 14-4094, 3rd Cir.; 2015 U.S. App. LEXIS 19268)....