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Discover Property & Casualty Insurance Co. v. Blue Bell Creameries USA

Court: 5th Cir  07/11/2023  CGL Carriers Have No Duty to Defend Directors and Officers In Connection with Shareholder Derivative Action Arising Out of Listeria Contamination

The Fifth Circuit panel held that there was no coverage under the CGL policy because the underlying petition alleged that the directors and officers had knowingly disregarded the risk of listeria contamination, meaning there was no allegation of an occurrence or accident to trigger the policy and further the lawsuit was not seeking damages for bodily injury, but was seeking damages for the economic loss to the company.

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