News Articles Not a ‘Claim,’ 5th Cir. Rules in Magnet Toy Injury Action
January 20, 2022
NEW ORLEANS — News articles sent to an insurer do not constitute a “claim” that would trigger coverage, a federal appellate panel ruled in a dispute over whether Evanston Insurance Co. had a duty to defend a toy maker in a $20 million bodily injury action involving its magnetic toys.
In a Jan. 17 opinion, the 5th Circuit U.S. Court of Appeals panel explained that statements made by the injured child’s parents to the media do not constitute an “assertion of an existing right, any right to payment or to an equitable remedy,” or a “demand for money, property, or …