Berry Plastics Corporation v. Illinois National Insurance Co
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Rovner, Circuit Judge.
*632 Berry Plastics Corporation filed this action seeking indemnity from its excess insurer, Illinois National Insurance Company, for a multi-million dollar damage award Berry was ordered to pay to a disappointed former customer. The insurance policy covers damages that Berry is required to pay "because of ... Property Damage." R. 42-4 at 11. Berry had supplied defective laminate material to the customer, which incorporated that material into containers that subsequently failed. A jury ordered Berry to compensate the customer for the profits it could have expected to earn on…
2Cases cited43 opinions
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- Weedo v. Stone-E-Brick, Inc.Supreme Court of New Jersey · 1979
- Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
- Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
- Geddes & Smith, Inc. v. Saint Paul Mercuy Indemnity Co.California Supreme Court · 1959
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- Great Am. E & S Ins. Co. v. Power Cell LLCDistrict Court, E.D. Illinois · 2018
- Hutton Construction, Inc. v. Continental Western Insurance CompanyDistrict Court, D. New Hampshire · 2022
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