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
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.
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