June 18, 2021

Insurer Says It Needn’t Cover Defective Frying Pan Class Suit

Law360 (October 1, 2020, 10:21 PM EDT) — Evanston Insurance Co. urged a Pennsylvania federal court Wednesday to rule that it doesn’t have to defend or indemnify Tristar Products Inc. in a suit alleging it sold defective nonstick frying pans, saying the underlying suit never alleged an accident, which is a precondition for coverage.

Evanston told U.S. District Judge Joseph F. Leeson that the cookware buyers in the underlying proposed class action never alleged an accidental bodily injury or property damage, but only damage to Tristar’s own products, coverage of which is expressly barred by the policy’s exclusion.

The insurer said its policies include a “damage to your product”…

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