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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

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

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

Insurance coverage claims settled in pistachio recall cases

Shook Hardy & Bacon LLP
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USA
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January 14 2011

Setton International Foods, which recalled more than 15 million pounds of pistachios in 2009 when Salmonella was detected in a delivery to one of its customers, has reportedly entered a settlement agreement with its insurers in a dispute over coverage for third-party claims

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

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

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