Brazas Sporting Arms, Inc. was accused of irresponsibly distributing firearms. It was alleged that weapons were distributed well beyond the needed customer base which resulted in an illegal market. The suit further stated that such excess weaponry resulted in significant bodily injury and property damage.
Brazas submitted this lawsuit to its insurance carrier, American Empire Surplus Lines. American Empire promptly denied coverage because of the policy's products liability exclusion.
After much wrangling, the decision came down to whether or not a products liability exclusion violated state consumer protection policies.
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