Legal Opinion

Decker Plastics Inc. v. West Bend Mutual Insurance Co.

Court of Appeals for the Eighth Circuit

Decided August 19, 2016No. 15-2861PublishedCited by 4 opinions

1Per curiam

At the time in question, Al’s, Inc. of Storm Lake, Iowa (“Al’s”), packaged and sold landscaping materials. Decker Plastics Corp. (“Decker”) sold plastic bags to Al’s that Al’s filled with landscaping materials (sand and rock) and stored outdoors for sale to its customers. Because Decker failed to manufacture the bags with an ultraviolet inhibitor (“UVI”), the bags deteriorated in the sunlight, causing small shreds of plastic to commingle with Al’s landscaping materials, sometimes while still in Al’s inventory and sometimes after delivery to its customers. As the contaminant could not be…

2Cases cited4 opinions

  1. Phillip Ferrell Thomas Ferrell Clay Lowry Donny Lowry v. West Bend Mutual Insurance CompanyCourt of Appeals for the Eighth Circuit · 2005
  2. Pursell Construction, Inc. v. Hawkeye-Security Insurance Co.Supreme Court of Iowa · 1999
  3. Liberty Mutual Insurance v. Pella Corp.Court of Appeals for the Eighth Circuit · 2011
  4. Norwalk Ready Mix Concrete, Inc. v. Travelers Insurance CompaniesCourt of Appeals for the Eighth Circuit · 2001

3Cited by4 opinions

  1. Pella Corp. v. Liberty Mutual Insurance Co.District Court, S.D. Iowa · 2016
  2. Decker Plastics Corp. v. West Bend Mutual Insurance Co.Court of Appeals for the Eighth Circuit · 2018
  3. Ceme-Tube LLC v. Chroma Color CorporationDistrict Court, W.D. Wisconsin · 2024
  4. Pella Corp. v. Liberty Mutual Insurance Co.District Court, S.D. Iowa · 2017

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