Insured fails to preserve claim to $6M

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 14, 2018 12:47 PM

Packgen scored a $7.2 million judgment against Berry Plastics Corp., including $6.5 million for future profits — after a series of small fires were allegedly caused by defects in the polypropylene-aluminum foil Berry sold to Packgen for lining “intermediate bulk containers,” or IBCs, that a Packgen customer, CRI Catalyst Co., called CRI, developed to hold chemicals that ignite when exposed to oxygen — but Berry’s excess insurer, Illinois National Insurance Co., refused to cover the loss.The …

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