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VITAMIN ENERGY, LLC v. EVANSTON INS. CO.

No. 20-3461.

22 F.4th 386 (2022)

VITAMIN ENERGY, LLC, Appellant, v. EVANSTON INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Filed: January 5, 2022.

Attorney(s) appearing for the Case

Patrick K. Gibson , Ippoliti Law Group, 1225 N. King Street — Suite 900, Wilmington, DE 19801, George Schooff [ARGUED], 18530 Mack Avenue — Suite 481, Grosse Point Farms, MI 48236, Counsel for Appellant.

Michael E. DiFebbo, Jr. [ARGUED], Gavin Fung , Kennedys CMK, 1600 Market Street — Suite 1410, Philadelphia, PA 19103, Counsel for Appellee.

Before: JORDAN, PORTER, and RENDELL, Circuit Judges.

OPINION OF THE COURT

Pennsylvania law imposes on insurers a broad duty to defend lawsuits brought against those they insure. Vitamin Energy, LLC, obtained a policy from Evanston Insurance Company and was subsequently sued by a competitor, the owners of the 5-hour Energy brand, for publishing certain comparative claims...

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