CHICAGO – An insurance company is seeking judgment from a court that it has no duty to indemnify Walmart in a suit over pita chips.
Erie Insurance Exchange filed a complaint on Jan. 10 in the Cook County Circuit Court against Walmart Stores Inc. and Basic Grain Products Inc. seeking declaratory judgment.
According to the complaint, a class action was filed over allegations Walmart sold pita chips that were falsely labeled as all-natural when the chips contained unnatural, synthetic or artificial ingredients.
The suit states defendant Walmart seeks coverage under the insurance policy that plaintiff issued to defendant Basic Grain. The plaintiff claims it has no duty to defend or indemnify Walmart under the terms of Basic Grain's insurance policy.
The plaintiff seeks declaratory judgment, award of attorney fees, costs of action and other relief. It is represented by Bruce M. Lichtcsien of Hinkhouse Williams Walsh LLP in Chicago.
Cook County Circuit Court case number 19-CH00323