Patton, Hoversten and Berg, PA
A Professional Association / Attorney at Law
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Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co. |
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Summary judgment in favor of defendants after the court concluded that the insurance policies purchased by plaintiff from defendant do not cover claims made in a lawsuit filed against plaintiff, and that defendant has no duty to defend or indemnify, is vacated and the case remanded where: 1) Mississippi law resolved ambiguity in favor of the insured so that a Seed Merchants Endorsement enlarged the term "damages because of property damage" in the commercial general liability policy to cover "loss resulting from an error in mechanical mixture of seed;" 2) a Seedmen's Limitation to the umbrella policy can also be read to enlarge the terms of coverage to include loss arising out of error in mechanical mixture of seed; 3) a "property damage expected or intended" exclusion does not apply; 4) a "your product" exclusion does not apply because the damage was done to the farmer's crop land's use; and 5) a Seedmen's Modified Liability Coverage Endorsement does not apply since it limits recovery for losses resulting from the seed's failure to germinate.
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