Travelers Indemnity Co. v. Dammann & Co. Inc., No. 09-1225; Third Circuit; opinion by Fisher, U.S.C.J.; filed February 5, 2010. Before Judges Fisher, Hardiman and Stapleton. On appeal from the District of New Jersey. [Sat below: Judge Debevoise.] DDS No. 23-8-6798 [44 pp.]
Dammann & Co. Inc. is a producer of raw foods, including vanilla beans. International Flavors & Fragrances Inc. manufactures, among other things, vanilla extract. After IFF learned that some of the beans it purchased from Dammann contained mercury, it demanded $5 million in damages. Dammann sought coverage from the Travelers Indemnity Company, its insurer.
