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Results: 1-10 of 21

Eighth Circuit says likelihood of MSG to cause harm is factual matter

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 21 2014

In a dispute over commercial liability insurance coverage, the Eighth Circuit Court of Appeals has ruled that a trial court erred in deciding, as a

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Insurer seeks declaration in coverage dispute over diacetyl litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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 law applied to Costco’s cheese recall insurance coverage dispute

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Insurance policy ambiguous; broad coverage could be available for tainted peanut butter claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 6 2011

A divided Delaware Supreme Court has determined that ConAgra's insurance contract is ambiguous and therefore might provide broader coverage, with a lower "retained limit" or deductible, for claims arising out of an alleged Salmonella outbreak involving the company's peanut butter

Federal court certifies insurance coverage question in meat recall to state court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 11 2011

Finding no clear state precedent, a federal court in Ohio has certified to the state supreme court a question arising in a case involving insurance coverage for Listeria-contaminated meats that led to the destruction of 1 million pounds of meat products in 2006

Federal court dismisses insurance coverage action in tainted baby formula case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 25 2011

A federal court in Virginia has issued an order dismissing without prejudice claims filed against two insurers by a company that makes baby formula; the parties stipulated to the dismissal after similar litigation concluded with a defense verdict following trial in state court

Some claims dismissed in dispute over supply-chain insurance coverage

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 12 2010

A federal court in California has dismissed without prejudice some of the claims filed by a food supplier in a dispute over insurance coverage in food-contamination litigation

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Deli meat maker seeks coverage from supplier’s insurance carrier

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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