As reported on Hunton’s Insurance Recovery Blog, the Fifth Circuit recently held that Blue Bell Creameries’ commercial general liability insurers do not have a duty to defend the ice cream company in a shareholder lawsuit, which arose from a Listeria outbreak.
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Duty to Defend

IP Lawsuit Triggers Insurers’ Duty to Defend
By Michael S. Levine & Geoffrey B. Fehling on
A federal court in Pennsylvania has held that Liberty Mutual must defend its insured, Hershey Creamery Company, in an intellectual property infringement lawsuit because the suit raises claims that potentially implicate coverage under the policies’ personal and advertising injury coverages. The court further found that the alleged wrongful conduct was not subject to the policies’ IP infringement exclusion.
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