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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


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


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


Deli meat maker seeks coverage from supplier’s insurance carrier
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall


Insurance cos. seek declaration of no duty to defend Four Loko lawsuits
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against it in several states


California law applied to Costco’s cheese recall insurance coverage dispute
  • Shook Hardy & Bacon LLP
  • USA
  • September 21 2012

Finding that California law applies to a dispute between Costco Wholesale Corp. and Nationwide Mutual Insurance Co., a federal court has dismissed Costco’s claims for violations of Washington state law and for bad faith coverage by estoppel arising out of the insurer’s refusal to handle claims of personal injury from cheese that Costco sold


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


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


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