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Insurance company disputes obligation to provide diacetyl damages or defense

Shook Hardy & Bacon LLP
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USA
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January 25 2013

A company that issued Citrus and Allied Essences Ltd. a commercial umbrella insurance policy in 2006 and 2007 has filed suit in a New York state

Deli meat maker seeks coverage from supplier’s insurance carrier

Shook Hardy & Bacon LLP
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USA
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October 12 2012

A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall

Insurance cos. seek declaration of no duty to defend Four Loko lawsuits

Shook Hardy & Bacon LLP
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USA
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October 12 2012

Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against it in several states

California law applied to Costco’s cheese recall insurance coverage dispute

Shook Hardy & Bacon LLP
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USA
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September 21 2012

Finding that California law applies to a dispute between Costco Wholesale Corp. and Nationwide Mutual Insurance Co., a federal court has dismissed Costco’s claims for violations of Washington state law and for bad faith coverage by estoppel arising out of the insurer’s refusal to handle claims of personal injury from cheese that Costco sold

Insurers seek reimbursement for costs of defending restaurant in food toxin suit

Shook Hardy & Bacon LLP
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USA
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April 20 2012

The insurance carriers for Rubio’s Restaurant have filed a motion for summary judgment in a dispute with the company that insured the restaurant’s fish supplier, following the settlement of claims pursued by a restaurant patron who alleged that he has permanent and severe neurological injuries from exposure to a toxin from the mahi-mahi in a Rubio’s fish burrito

Insurers must defend Four Loko maker in one of five lawsuits

Shook Hardy & Bacon LLP
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USA
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January 20 2012

A federal court in Illinois has determined that insurers providing coverage to Phusion Projects, Inc., which makes Four Loko, an alcoholic beverage with large amounts of caffeine and other stimulants, do not have a duty to defend the company in lawsuits alleging injury from intoxication

First wave of settlement checks distributed in Salmonella-tainted egg outbreak

Shook Hardy & Bacon LLP
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USA
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November 18 2011

Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told The Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak

Court dismisses insurer’s suit against Four Loko company

Shook Hardy & Bacon LLP
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USA
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November 18 2011

A federal court in Illinois has granted the motion to dismiss filed by Phusion Projects, Inc., which sells Four Loko, a caffeinated alcoholic beverage, in a case brought by one of the company’s insurers seeking a declaration that it owed no duty to defend or indemnify the beverage maker in third-party lawsuits claiming injury, death or economic harm

Insurer seeks declaration in coverage dispute over diacetyl litigation

Shook Hardy & Bacon LLP
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USA
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October 7 2011

Arch Specialty Insurance Co. has filed a declaratory judgment action in a New York state court against a company identified as a distributor of food product ingredients, including the butter-flavoring chemical diacetyl

California court reverses $12-million verdict , rules spinach contamination not insured

Shook Hardy & Bacon LLP
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USA
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September 16 2011

A California court of appeal has determined that a trial court erred in allowing a spinach seller to recover $12 million under the accidental contamination portion of its insurance policy

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