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Expect focus - volume III, Summer 2014

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • September 16 2014

EXPECTFOCUS is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and

California appellate court finds no malicious product tampering coverage for Westland’s ground beef

  • Wilson Elser
  • -
  • USA
  • -
  • February 11 2015

In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased WestlandHallmark Meat Company's (Westland's) ground beef as an ingredient to be used

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

Top reasons the JPML has denied centralization of products liability and salesmarketing cases

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 9 2014

Since May 2011, here are the most-cited reasons the JPML has denied Section 1407 centralization of products liability and salesmarketing cases: The

Chinese drywall first bellwether trial ongoing

  • Locke Lord LLP
  • -
  • USA
  • -
  • March 9 2010

The first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans and is ongoing

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

General liability insurer must defend manufacturing defect claims; gist of the action doctrine rejected

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • December 10 2013

A Pennsylvania appellate court in Indalex, Inc. v. National Union Fire Ins. Co., No. 612 WDA 2012 (Dec. 3, 2013), found that a general liability

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

Insurers seek reimbursement for costs of defending restaurant in food toxin suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 20 2012

The insurance carriers for Rubio’s Restaurant have filed a motion for summary judgment in a dispute with the company that insured the restaurant’s fish supplier, following the settlement of claims pursued by a restaurant patron who alleged that he has permanent and severe neurological injuries from exposure to a toxin from the mahi-mahi in a Rubio’s fish burrito

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