Legal Opinion

Berry Plastics Corporation v. Illinois National Insurance Co

Court of Appeals for the Seventh Circuit

Decided September 10, 2018No. 17-1815PublishedCited by 14 opinions

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

  1. Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
  2. Weedo v. Stone-E-Brick, Inc.Supreme Court of New Jersey · 1979
  3. Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
  4. Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
  5. Geddes & Smith, Inc. v. Saint Paul Mercuy Indemnity Co.California Supreme Court · 1959

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3Cited by14 opinions

  1. Med. Protective Co. of Fort Wayne v. Am. Int'l Specialty Lines Ins. Co.Court of Appeals for the Seventh Circuit · 2018
  2. Medical Protective Company of v. American International SpeciaCourt of Appeals for the Seventh Circuit · 2021
  3. Board of Education of Pine Plains Central School District v. EngwillerDistrict Court, S.D. New York · 2001
  4. Great Am. E & S Ins. Co. v. Power Cell LLCDistrict Court, E.D. Illinois · 2018
  5. Hutton Construction, Inc. v. Continental Western Insurance CompanyDistrict Court, D. New Hampshire · 2022

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