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· 3/29/2000

Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.

Citations

  • 93 Cal. Rptr. 2d 364
  • 78 Cal. App. 4th 847

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the incorporation of almonds containing wood splinters into cereal products caused property damage
  • holding that the failure to investigate led to a breach of the duty to defend
  • holding that insurer’s rapid closing of the file after 27 little investigation and failure to develop a plausible theory of the cause of a loss 28 supported the jury’s finding of bad faith liability
  • explaining that presence of wood splinters mixed in with diced roasted almonds caused loss of use of cereal products containing said almonds
  • holding presence of wood splinters in almonds caused \property damage\ within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products
  • noting that an insurer has a duty to defend any lawsuit that potentially falls within the coverage of the policy

Source: CourtListener parenthetical corpus (CC0).

Judges: Swager

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.