Netherlands Ins. Co. v. Phusion Projects, Inc.

Dist. Ct. did not err in finding that plaintiff-insurance company had no duty to defend four underlying actions alleging negligence and strict liability arising out of individuals sustaining personal injuries after consuming alcoholic beverages manufactured by defendant-insured, where subject policy contained Liquor Liability Exclusion that precluded coverage for bodily injury by reason of causing or contributing to intoxication of any person. Language of exclusion applied to each underlying lawsuit, where each case concerned allegations that injuries were related to drinking defendant’s alcoholic beverage, and Ct. rejected defendant’s claim that its act of adding stimulants to its alcoholic beverage constituted separate act that placed its conduct outside instant exclusion and triggered plaintiff‘s duty to defend underlying actions.