United States Seventh Circuit

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Amerisure Mut. Ins. Co. v. Microplastics, Inc., 09-3764

In an insurer's suit against its insured seeking a declaration that it was not obligated to defend the insured in an underlying suit against it, district court's grant of summary judgment in favor of the insurer on the ground that the underlying suit did not trigger a duty to defend because it did not allege "property damage" or "bodily injury" under the general commercial liability (CGL) policies, is affirmed as the claim in the underlying suit has all the earmarks of a pure breach of contract claim for costs of repair, replacement, or similar economic losses not covered by the insurance policy, and there is no indication that the insured manufacturer's products caused damage to any property other than the defective products themselves.

Appellate Information

  • Argued 04/21/2010
  • Decided 09/20/2010
  • Published 09/20/2010

Judges

  • <a href="http://pview.findlaw.com/view/1849456_1">HAMILTON</a>

Court

  • United States Seventh Circuit

Counsel