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.
Faulty Fertilizer Claims Give Rise To Duty To Defend
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Filed under Duty to Defend