SOKOL AND CO. v. ATLANTIC MUT. INS. CO.

No. 04-3624.

430 F.3d 417 (2005)

SOKOL AND COMPANY, an Illinois Corporation, Plaintiff-Appellant, v. ATLANTIC MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2005.


Attorney(s) appearing for the Case

Christopher A. Kreid (argued), Metge, Spitzer & Kreid, Chicago, IL, for Plaintiff-Appellant.

Edward M. Kay, James T. Ferrini, Melinda Sue Kollross (argued), Clausen Miller, Chicago, IL, Mark E. Inbody, Selvin Wraith Halman, Oakland, CA, for Defendant-Appellee.

Before FLAUM, Chief Judge, and KANNE and SYKES, Circuit Judges.


SYKES, Circuit Judge.

This is an insurance coverage dispute involving spoiled peanut butter. The peanut butter in question was contained in sealed packets supplied by plaintiff Sokol and Company ("Sokol") to its customer Continental Mills ("Continental") for inclusion in boxes of Continental's cookie mix. When Continental discovered that the peanut butter had gone bad, it retrieved the cookie mix, substituted fresh peanut butter packets, and sought reimbursement from...

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