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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


Eighth Circuit says likelihood of MSG to cause harm is factual matter
  • Shook Hardy & Bacon LLP
  • USA
  • November 21 2014

In a dispute over commercial liability insurance coverage, the Eighth Circuit Court of Appeals has ruled that a trial court erred in deciding, as a


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


Insurers claim no duty to defend four Loko lawsuits
  • Shook Hardy & Bacon LLP
  • USA
  • 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


Court finds insurer has duty to defend in GM rice lawsuits
  • Shook Hardy & Bacon LLP
  • USA
  • June 17 2011

A federal court in Arkansas has determined that Liberty Mutual Insurance Co. has a duty to defend an agricultural cooperative in more than 170 civil lawsuits filed by rice farmers over the contamination of their conventional crops with a genetically engineered (GE) variety


Seventh Circuit says no duty to defend four Loko maker
  • Shook Hardy & Bacon LLP
  • USA
  • December 20 2013

The Seventh Circuit Court of Appeals has determined that Phusion Projects' commercial liability insurance carriers have no duty to defend the company


Foster Farms sues insurers over definition of “recall”
  • Shook Hardy & Bacon LLP
  • USA
  • July 11 2014

Poultry manufacturer Foster Farms has filed an amended complaint in its lawsuit against its Lloyd's of London insurers, which had rejected its $14.2


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


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 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