Decker Plastics Inc. v. West Bend Mut. Ins. Co., No. 15-2861 (8th Cir. 2016)
Annotate this CaseA1's, packages and sells landscaping materials, filed suit against Decker to recover losses after Decker sold defective plastic bags to A1's. Because Decker failed to manufacture the bags with an ultraviolet inhibitor (UVI), the bags deteriorated in the sunlight, causing small shreds of plastic to commingle with A1’s landscaping materials, sometimes while still in A1’s inventory and sometimes after delivery to its customers. Decker filed a claim with its comprehensive general liability (CGL) insurer, West Bend. After West Bend denied coverage, Decker filed suit and West Bend removed to federal court. The district court granted summary judgment to West Bend. Determining that Iowa law governs the court's interpretation of the West Bend policy, the court concluded that there was an "occurrence" triggering coverage under the terms of West Bend's policy. Accordingly, the court reversed and remanded.
Court Description: Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] Civil case - Insurance. Decker was sued after the bags it sold to a customer disintegrated because the bags did not contain a UV inhibitor; the matter was settled, and Decker sought to recover under its insurance policy; the unexpected deterioration of the bags was a covered occurrence, and the district court erred in ruling there was no occurrence which would trigger coverage under the policy; reversed and remanded for further proceedings.
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