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Expect focus - volume III, Summer 2014
  • Carlton Fields
  • 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


Insurance coverage for food and beverage contamination claims and recalls
  • King & Spalding LLP
  • USA
  • 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


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


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


Food liability issues: impaired property exclusion precludes coverage for sale of tainted bread
  • Wiley Rein LLP
  • USA
  • 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


California court holds product contamination insurance does not cover ingredients contaminated by insured’s supplier
  • Cozen O'Connor
  • USA
  • March 18 2015

On February 6th, an intermediate level California appellate court held that a product contamination policy only covered contamination that occurs


Partial recall: product contamination coverage has its limits
  • Carlton Fields
  • USA
  • December 5 2014

In disputes over the scope of liability coverage, courts must often draw a line between (1) providing insurance against errors that harm others and


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 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


“Negligent publication” does not include false advertising or negligent misrepresentation
  • Wiley Rein LLP
  • USA
  • 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