A commercial general liability insurer owes no duty to defend a food company in a trademark infringement suit that arose after the insured's apple juice brand was recalled for high arsenic levels, a federal appeals panel has ruled. See S. Bertram Inc. v. Citizens Insurance Co. of America, No. 15-2552, 2016 WL 4487998 (6th Cir. Aug. 26, 2016). A three-judge panel of the Sixth U.S. Circuit Court of Appeals affirmed a lower court's grant of summary judgment to Citizens Insurance Co. of America, ruling that an intellectual property exclusion in S. Bertram Inc.'s policy barred coverage for the trademark infringement claims brought by Eden Foods Inc.
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