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Are you covered for food product recalls?

  • McGuireWoods LLP
  • -
  • USA
  • -
  • April 2 2014

Food product recalls, whether the result of misbranding, adulteration or another source, are showing no signs of slowing down. According to

11th Circuit holds E&O insurer has duty to defend legionalla claim

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 12 2014

In its recent decision in James River Ins. Co. v. Hufsey-Nicolaides-Garcia-Suarez Associates, 2014 U.S. App. LEXIS 4415 (11th Cir. Mar. 10, 2014

Clarification of the economic loss rule may greatly expand tort claims in construction litigation

  • Smith Currie & Hancock
  • -
  • USA
  • -
  • May 31 2013

The economic loss rule is a judicially-created doctrine that sets forth the circumstances under which a tort action is prohibited if the only damages

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

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

Court finds coverage for consequential damages arising from product recall

  • Gray Plant Mooty
  • -
  • USA
  • -
  • January 16 2013

A Minnesota Federal District Court Judge recently ruled that the insured is entitled to defense and indemnification under its commercial liability

California court requires complete horizontal exhaustion of liability coverage before excess coverage can attach

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 19 2011

Addressing apportionment issues left unresolved by the California Supreme Court’s decision in Montrose Chemical Corporation v. Admiral Insurance Company, 10 Cal.4th 645 (1995), California’s intermediate appeals court has ruled that an insured that manufactured asbestos-containing products must first exhaust the limits of all of its primary insurance before it may claim benefits under its excess coverage

Chinese drywall - MDL court gives preliminary approval to knauf uncapped settlement fund

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 13 2012

On Tuesday, January 10, 2012, Knauf Plasterboard Tianjin Company (“Knauf”) gained preliminary approval from United States District Court Judge Eldon Fallon for the creation of an uncapped repair fund to settle thousands of Chinese Drywall claims across multiple states

Insurers must defend Four Loko maker in one of five lawsuits

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

Fifth Circuit holds that “occurrence” policy covers breach of warranty allegations against insurer

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • February 3 2010

In Westchester Surplus Lines Insurance Company v. Maverick Tube Corporation, No. 09-20071, 2009 WL 4680813 (5th Cir. Dec. 10, 2009), the U.S. Court of Appeals for the Fifth Circuit held that a contract for general liability insurance would afford coverage for a breach of warranty claim resulting from a product defect