MEDMARC CAS. INS. CO. v. AVENT AMERICA, INC.

No. 09-3390.

612 F.3d 607 (2010)

MEDMARC CASUALTY INSURANCE COMPANY, Plaintiff/Counterclaim Defendant-Appellee, v. AVENT AMERICA, INC., Defendant/Counterclaim Plaintiff-Appellant. Philips Electronic North America Corporation (as successor-in-interest to Avent America, Inc.), Third-Party Plaintiff-Appellant, v. State Farm Fire and Casualty Company, and Pennsylvania General Insurance Company, Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 2010.


Attorney(s) appearing for the Case

Kenneth H. Frenchman, Attorney (argued), Dickstein Shapiro LLP, New York, NY, for Third-Party Plaintiff-Appellant.

William M. Savino, Attorney (argued), Rivkin and Radler, Uniondale, NY, for Plaintiff/Counterclaim Defendant-Appellee/Third-Party Defendants-Appellee, Pennsylvania General Insurance Company.

Kenneth H. Frenchman, Defendant/Counterclaim Plaintiff-Appellant.

Michael C. Borders, Attorney (argued), Dykema, Chicago, IL, Pia Elena Riverso, Attorney, Rivkin and Radler, Uniondale, NY, for Third-Party Defendants-Appellees.

Before FLAUM, WOOD, and HAMILTON, Circuit Judges.


FLAUM, Circuit Judge.

Avent America, Incorporated ("Avent")1 appeals the district court's declaratory judgment that Medmarc Casualty, Pennsylvania General and State Farm insurance companies ("the insurance companies") do not have a duty to defend Avent in a series of lawsuits involving the presence of Bisphenol-A ("BPA") in certain products Avent sold. The plaintiffs in the underlying lawsuits...

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