June 7, 2010
Competition Law360, Intellectual Property Law360, Insurance Law360 and Product Liability Law360 mentioned Kelley Drye’s representation for Welch Foods, Inc. in the article “Welch Wants Insurer’s ‘Undisputed’ Facts Tossed.” The article reports that Welch Foods Inc. has asked a court to strike some portions of Axis Surplus Insurance Co.'s summary judgment memorandum and statement of “undisputed material facts” in a coverage dispute over false advertising claims, saying the insurer is improperly relying on information that is extraneous to the underlying complaints.
Welch is seeking an unspecified amount in compensatory damages against insurance companies for breaching their contractual duty to defend the juice company, as well as attorneys' fees, costs, and a declaration that the insurers must defend and indemnify the Pom and Burcham actions. The suit also seeks punitive damages against Axis. Kelley Drye & Warren LLP represents Welch.