The Eighth Circuit Court of Appeals has affirmed a district court’s grant of summary judgment in favor of an insurance company which sought a declaration that it had no duty to defend or indemnify a camouflage clothing manufacturer that was sued for misrepresenting the odor-eliminating performance of its products. Westfield Ins. Co. v. Robinson Outdoors, Inc., No. 11-3804 (8th Cir., decided November 30, 2012). According to the court, the insurance policy’s exclusion of claims “arising out of the failure of the goods, products or services to conform with any statement of quality or performance made in [Robinson’s] ‘advertisement,’” was unambiguous and applied to the class actions filed by hunters disappointed that the clothing did not, as advertised, eliminate human scent so that prey would be unable to detect their presence.
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Eighth Circuit dismisses action against insurer; no duty to defend actionable camouflage apparel odor-performance representations
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