Legal Opinion

Pepsico, Inc. v. Winterthur International America Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2005PublishedCited by 11 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendant Winterthur International America Insurance Company appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered December 13, 2004, which, inter alia, denied its cross motion, among other things, for summary judgment dismissing the causes of action to recover for damage to property.

Ordered that the order is affirmed, with costs.

On a prior appeal in this case, which involves “off-tasting” soft drink products manufactured by the plaintiffs Pepsico, Inc., and Pepsi Bottling Group, Inc.…

2Cases cited4 opinions

  1. General Mills, Inc. v. Gold Medal Insurance Co.Court of Appeals of Minnesota · 2001
  2. Pepsico, Inc. v. Winterthur International America InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Pillsbury Co. v. Underwriters at Lloyd's, LondonDistrict Court, D. Minnesota · 1989
  4. National Union Fire Insurance of Pittsburgh v. Terra Industries, Inc.District Court, N.D. Iowa · 2002

3Cited by11 opinions

  1. 10012 Holdings, Inc. v. Sentinel Ins. Co.Court of Appeals for the Second Circuit · 2021
  2. Consolidated Rest. Operations, Inc. v. Westport Ins. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  3. Wakefern Food Corp. v. Liberty Mut. Ins.New Jersey Superior Court Appellate Division · 2010
  4. America's Kids, LLC v. Zurich American Insurance CompanyDistrict Court, N.D. Illinois · 2021
  5. Gammon and Associates Inc. v. National Fire Insurance Company of HartfordDistrict Court, S.D. New York · 2021

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