Supreme Court of Delaware
Conagra Foods, Inc., Plaintiff Below-Appellant v. Lexington Insurance Co., Defendant Below-Appell — Steele, J…
April 28, 20112011 Del. LEXIS 226
Summary
The dissent would affirm summary judgment for Lexington because the insurance policy unambiguously applies the Lot or Batch Provision to ConAgra's salmonella-related bodily injury claims. In the dissent's view, the provision changes the applicable occurrence definition for product liability claims and requires ConAgra to satisfy a $5 million retained limit for each discrete production run of seven days or less before coverage is triggered.