An excess insurer must cover part of an $8 million judgment entered against Terminix in a pesticide exposure suit, the Ninth Circuit said Tuesday, affirming that the underlying injury arose out of Terminix's product for the purposes of the policy's "products-completed operations hazard" coverage.

A California federal court correctly determined that the pesticide, Alpine Dust, which caused the injuries sustained by Atlas Ferrera, was Terminix's product because the company's technician "handled" the pesticide as he applied it at a Los Angeles Starbucks in May 2015, a three-judge panel held in an unpublished opinion.

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Terminix is represented by Raymond A. Mascia Jr., William G. Passannante and Bridget Byrnes Hirsch of Anderson Kill PC.

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