Welch Foods, Inc. v. National Union Fire Insurance

Welch Foods, Inc. was accused in two lawsuits, one by its competitor, POM Wonderful LLC, and one by a group of consumers, of deceptive trade practices, false and misleading advertising, and deceptive labeling, among other claims. The claims concerned Welch’s product, Welch’s 100% Juice White Grape Pomegranate Flavored Three Juice Blend, which was primarily apple and grape juice, and the label on which was pictured primarily pomegranates. Welch says the consumer suit was a copycat of POM’s suit.

As a result of these suits, Welch sought both defense costs and indemnity from three of its insurers…