Faulty Fertilizer Claims Give Rise To Duty To Defend

In Auto Owners Ins. Co. v. Harrell’s Fertilizer, Inc., 2006 WL 156742 (E.D. Tenn. January 20, 2006), the court found, under Florida law, that the insurer had a duty to defend the insured in a lawsuit that claimed its fertilizer, far from causing plants to grow, killed them. Florida therefore appears to be one of those jurisdictions that have held that a Commercial General Liability policy covers products liability, while most jurisdictions have found products liability is excluded by a CGL.

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