Decker Plastics Inc. v. West Bend Mutual Insurance Co., No. 17-1319 (8th Cir. 2018)
Annotate this CaseIn the underlying lawsuit, A1's filed an action against Decker after the plastic bags Decker sold to A1's deteriorated in the sunlight because they were not manufactured with an ultraviolet inhibitor. In this appeal, the Eighth Circuit affirmed on remand the district court's grant of summary judgment to West Bend, Decker's insurer, holding that Decker's claims were properly dismissed because there was no property damage triggering coverage under West Bend's policies. The undisputed facts established that A1's landscaping materials were not physically injured due to the incorporation of the deteriorated packaging material.
Court Description: Per Curiam - Before Wollman, Loken and Kelly, Circuit Judges] Civil case - Insurance. For the court's prior opinion in the matter, see Decker Plastics, Inc. v. W. Bend Mut. Ins. Co., 833 F.3d 986 (8th Cir. 2016). On remand, the district court did not err in finding there was no covered property damage because the defective bags' buyer's property (gravel, sand, etc.) did not suffer physical alteration due to contamination by the defective bags.
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