Westfield Ins. Co. v. Robinson Outdoors, Inc., No. 11-3804 (8th Cir. 2012)
Annotate this CaseRobinson marketed and sold camouflage products that, according to Robinson, would eliminate human scent so that wild game, with their acute sense of smell, would not be able to detect a hunter's presence. Consumers who had purchased these products brought class action lawsuits against Robinson, claiming that Robinson's products did not actually eliminate human odor (collectively, "the underlying lawsuits"). Robinson sought defense and indemnification from it's insurer, Westfield, but Westfield declined coverage. Instead, Westfield brought this action seeking a declaratory judgment that the policy did not cover the underlying lawsuits. The court affirmed the district court's grant of summary judgment in favor of Westfield where Westfield was under no obligation to defend or indemnify Robinson in the underlying lawsuits and where Robinson waived its argument premised on the reasonable-expectations doctrine.
Court Description: Civil case - Insurance. Even if the underlying claims were covered by the insurance policies in question, the exclusion provision in the policy precluded coverage because it captured all of the legal claims asserted by the consumers in the underlying suits.
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