141192P.pdf   11/17/2014  Hot Stuff Foods, LLC  v.  Houston Casualty Company
   U.S. Court of Appeals Case No:  14-1192
                          and No:  14-1194
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Insurance. Where the plaintiff manufacturer voluntarily 
   recalled some of its sandwich products because their labeling failed to 
   disclose the presence of MSG, the manufacturer bore the burden under the 
   insurance policy in question of proving that consuming the mislabeled 
   sandwiches may likely result in physical symptoms of bodily injury, 
   sickness or disease, and on the record before it, the district court erred 
   in granting partial summary judgment for the manufacturer on the coverage 
   issue; on remand, unless the district court determines that summary 
   judgment is appropriate on the full trial record, the coverage issue must 
   be submitted to a jury; the district court did not err in denying the 
   insurer's motion for judgment as a matter of law on the manufacturer's 
   claim for lost profits; there was no clear error in denying the 
   manufacturer's request for an award of attorney's fees under South Dakota 
   Codified Law Section 58-12-3 which allows recovery of attorneys' fees in 
   cases where the insurer has vexatiously or without reasonable cause 
   refused to pay the full amount of the loss.