Plasticert, Inc. v. Westfield Insurance Company
2007 Pa. Super 124, 2007 Pa. Super. LEXIS 820 (Pa. Super Ct., May 1, 2007)
Plasticert manufactures thermoplastic wheels used in gravity flow product lines. A customer sued it because wheels that the customer purchased were breaking and cracking, and were determined not to have been manufactured to the customer’s specifications.
Plasticert carried general commercial liability (“CGL”) insurance and an umbrella policy both issued by Westfield Insurance Company. Plasticert filed a declaratory judgment action against Westfield, to determine, inter alia, coverage under the policies. The trial court determined, and the parties conceded, that the exclusionary language in both policies was similar so that the outcome of the instant matter would be the same under both policies.
Continue Reading PA Court Rules Coverage For Defectively Manufactured Wheel Barred By “Business Risk” Exclusion of CGL Policy