02/02/2012 10:46:48 AM EST
Judge: No 'Bodily Injury' Claims In Class Action Suit Involving Diet Product
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LexisNexis® Mealey's™ Daily Legal News
DALLAS - An insurer has no duty to defend an underlying lawsuit against its insured because the underlying claimants did not seek damages because of "bodily injury" but instead sought recovery for their economic loss in purchasing a diet and nutritional product that allegedly failed to work, a Texas federal judge found Jan. 30 (CSA Nutraceuticals GP LLC f/k/a CSA Nutraceuticals LLC v. Chubb Custom Insurance Co., No. 10-02155, N.D. Texas).
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