No Duty to Defend Where Complaint Alleges Excluded Conduct

Posted on September 25, 2007 by Diane Polscer

Del Monte Fresh Produce v. Transportation Insurance Co. (7th Cir. 2007)

The Seventh Circuit affirmed the district court's grant of summary judgment to Transportation on the duty to defend on the basis that coverage was excluded as the underlying class action complaints alleged Del Monte had knowledge of falsity regarding its claim to the USPTO and in industry publications that its Fresh Del Monte Gold pineapples were "extra sweet." 

 

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