Court Rules Nature of Ephedra Class Action Relieves Insurer's Duty to Defend

SAN FRANCISCO - A California appeals court has held that an insurer does not have a duty to defend the manufacturer of Metabolife 356 in a class action filed against the company because the underlying third-party complaint does not allege bodily injury as it was defined in the company's policy. Low v. Golden Eagle Insurance Co. et al., No. A091934 (Calif. Ct. App., First Dist.).

The First District California Court of Appeal's June 10 decision affirms a San Francisco Superior Court decision denying Metabolife International, Inc.'s request to show cause why its insurer, Golden Eagle Insurance Co., is not required …