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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

Some claims dismissed in dispute over supply-chain insurance coverage

Shook Hardy & Bacon LLP
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USA
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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

Eighth Circuit finds some poultry processing facility losses not covered by insurance

Shook Hardy & Bacon LLP
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USA
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March 12 2010

The Eighth Circuit Court of Appeals has determined that certain business expense claims and a personal property claim made by a poultry processor for damages sustained during a break in electrical service caused by an ice storm were not covered by the processor's insurance policy

Insurance companies seek contribution from other insurers in defending diacetyl exposure lawsuits

Shook Hardy & Bacon LLP
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USA
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April 16 2010

A group of insurance companies has sued another group of insurers, seeking a declaration that the defendants are also required to indemnify and defend flavoring companies that have been named as defendants in lawsuits by former microwave popcorn- and candy-plant employees alleging injuries from exposure to diacetyl

Federal court disallows third-party insurance claims for environmental costs; Iqbal and Twombly implicated

Shook Hardy & Bacon LLP
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USA
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May 27 2011

A federal court in California recently ruled that an insurance company cannot recover payments made to a policyholder for environmental response costs as a matter of federal law, except in certain limited circumstances

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

Shook Hardy & Bacon LLP
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USA
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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

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

Shook Hardy & Bacon LLP
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USA
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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

Insurers claim no duty to defend four Loko lawsuits

Shook Hardy & Bacon LLP
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USA
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June 24 2011

Insurance companies with policies covering Phusion Projects, Inc., which makes the caffeinated alcohol beverage Four Loko, have filed a summary judgment motion in their declaratory judgment action against the company, claiming that a policy exclusion unambiguously frees them from defending or indemnifying the beverage maker

Taco Bell appeals insurance coverage case to Ninth Circuit

Shook Hardy & Bacon LLP
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USA
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May 13 2011

Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak

Federal court dismisses insurance coverage action in tainted baby formula case

Shook Hardy & Bacon LLP
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USA
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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

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