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Insurance
Coverage Denied
Farm Worker

Sentry Insurance v. Double L Inc., Salvador Navarro, Maria De Los Angeles and Does 1 through 10

Published: Oct. 27, 2012 | Result Date: Jul. 10, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:2011-cv-00020 Summary Judgment –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Linda Wendell Hsu
(Selman Breitman LLP)

Mark E. Inbody
(Selman Breitman LLP)


Defendant

John A. Bailey Jr.

Carol T. Volyn


Facts

A farm worker was severely injured while detaching a potato bin piler from a hopper, which had been manufactured nine years prior to the accident. An asset sale also occurred between the manufacturer and a different entity three years prior the accident, under which the successor was not to assume any of the liability arising from equipment manufactured prior to the sale. The successor had an insurance policy during the time the farm worker was injured, but this did not extend coverage to the manufacturer for its liabilities. Both the manufacturer and the successor tendered defense of the underlying action. Later, the insurer filed a declaratory relief action seeking confirmation that it did not owe a duty to defend or indemnify the manufacturer.

Result

The Court found in favor of the insurer.


#91891

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