As a new year begins, the Shape Up! coverage litigation draws to an end. On January 2, 2013, the United States Court of Appeals for the Fifth Circuit upheld the judgment of the United States District Court for the Northern District of Texas, holding that Chubb Custom Insurance Company (“Chubb”) had no duty to defend… Continue Reading
Category Archives: Nutritional Supplements
Subscribe to Nutritional Supplements RSS FeedConsumers’ Inability to Shape Up! Does Not Constitute Bodily Injury
Posted in Class Action, False Advertising, Insurance Coverage, Nutritional SupplementsTHE SCOOP On January 30, 2012, a Texas federal judge ordered that Chubb Custom Insurance Company (“Chubb”) had no duty to defend its insured because the claimants in the underlying class action did not allege any “bodily injury” as defined by the policy. The underlying class action lawsuit involved a diet and nutritional product called Shape Up! that purported… Continue Reading