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Pennsylvania courts struggle with insurance coverage for defective product claims

Reed Smith LLP
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USA
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January 28 2013

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the

Insurance coverage for food and beverage contamination claims and recalls

King & Spalding LLP
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USA
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September 4 2012

Damages owed from illness and death claims resulting from actual or alleged food and beverage contamination, along with the cost of recalls of potentially contaminated products, present serious financial risk to companies involved in the manufacture or sale of food products

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

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

Food liability issues: impaired property exclusion precludes coverage for sale of tainted bread

Wiley Rein LLP
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USA
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August 26 2008

A Georgia intermediate appellate court recently held that the impaired property exclusion precluded coverage for allegations that the policyholder bakery sold contaminated bread to a sandwich shop

Insurance coverage for food contamination recall

Farella Braun & Martel LLP
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USA
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July 28 2010

Recalls of food believed to be contaminated can be massively expensive for the companies required to implement them, and the availability of insurance coverage for such expenses is often disputed

U.S. court truncates effect of “policy territory” provisions, unexpectedly expanding general liability coverage for imported goods

Wiley Rein LLP
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USA
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August 22 2008

A little-noticed but consequential decision challenges the accepted notion of coverage territory in standard general liability policies in widespread use throughout the world

Insurer must defend maker of lead paint-tainted toys

Wiley Rein LLP
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USA
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August 26 2008

Last year's massive series of recalls of children's toys manufactured in China that contained lead paint spurred lawsuits seeking insurance coverage for losses arising out of the recalls

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

“Negligent publication” does not include false advertising or negligent misrepresentation

Wiley Rein LLP
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USA
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September 10 2008

The United State Court of Appeals for the Ninth Circuit, applying California law, has held that a professional liability policy including coverage for "negligent publication" did not include coverage for class action lawsuits alleging negligent misrepresentation, false advertising and related counts

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Pennsylvania courts struggle with insurance coverage for defective product claims

Insurance coverage for food and beverage contamination claims and recalls

Insurers must defend Four Loko maker in one of five lawsuits

Insurer seeks declaration in coverage dispute over diacetyl litigation

Food liability issues: impaired property exclusion precludes coverage for sale of tainted bread

Insurance coverage for food contamination recall

U.S. court truncates effect of “policy territory” provisions, unexpectedly expanding general liability coverage for imported goods

Insurer must defend maker of lead paint-tainted toys

Some claims dismissed in dispute over supply-chain insurance coverage

“Negligent publication” does not include false advertising or negligent misrepresentation

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