Difference in Conditions and "Drop Down"

Lawyers James Crabtree, Anthony Menzies

Flexsys America LP v. XL Insurance Co Ltd [2009]Court, 20 May 2009

The US claimant, Flexsys, was a manufacturer and distributor of various chemicals used in the rubber industry.  It was insured for public and products liability under a local policy issued in Ohio by XL Select Insurance ("Select"). The local policy included coverage for "Personal and Advertising Injury", defined to include injury arising out of any publication of material which slanders or libels a person or organisation, or which disparages their products. The policy imposed a general aggregate $1m limit of liability for personal or advertising injury, and a sub-limit, again of $1m, in respect of such injury "sustained by any one person or organisation".

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