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Insurance company disputes obligation to provide diacetyl damages or defense

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

Court considers insurance coverage for Listeria contamination

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 10 2010

A federal court in Ohio has determined that, for the most part, an "all-risk" insurance policy excludes from coverage the losses sustained by a meat processor whose products were contaminated with Listeria during processing

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

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

Court resolves insurance coverage issues for diacetyl defendants

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 22 2011

A New York state court has determined that a company which made the butter flavoring chemical at issue in workplace exposure lawsuits succeeded to a predecessor's insurance coverage rights

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

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 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

Court dismisses insurer’s suit against Four Loko company

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