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Seeking Contribution for Coverage Costs Associated with Historic 2011 Listeria Outbreak

Continental Western Insurance Company (“CWIC”) recently filed suit against Colony Insurance Company in Colorado federal court seeking declaratory relief and contribution for Colony’s alleged failure to share in defense and indemnity costs in connection with the deadly 2011 listeria outbreak. 

Posted in Contamination, Contribution, Duty to Defend, Duty to Idemnify, Food Recall, Food Safety, Insurance Coverage, Liability Policy, Listeria, Occurrence, Trigger of Coverage

The Horses Are Off (the Shelves)! Odds Are that the Ensuing Litigation Will Be An Endurance Race

Regulators, food distributors, and, of course, lawyers are scrambling to determine the legal and reputational consequences of the still-growing horse meat scandal that recently hit Europe.  Amid the recalls, finger-pointing, and consumer outrage at the thought of eating horse meatballs

Posted in Crisis Management, E. Coli, False Advertising, Food Manufacturer, Food Recall, Fraud, Horse Meat, Insurance Coverage, Uncategorized

It’s 2013 – Time to Shape Up!

As a new year begins, the Shape Up! coverage litigation draws to an end.  On January 2, 2013, the United States Court of Appeals for the Fifth Circuit upheld the judgment of the United States District Court for the Northern

Posted in Class Action, False Advertising, Insurance Coverage, Nutritional Supplements

Genetically Modified Food: Right to Know?

State by state, small farmers and individual consumers are squaring off against large food and agriculture corporations over genetically modified food. So far, it appears the food and agriculture industry has the upper-hand on the little guy. Connecticut state legislation

Posted in Labeling Claims

The Debate Over Gluten-Free Food Labeling

It seems the latest health craze always involves “free” food; fat-free, sugar-free, preservative-free, and now gluten-free. PepsiCo’s Frito-Lay North America recently launched an initiative to label some of their products as “gluten-free.” The proposal includes labeling products with a “GF”

Posted in Labeling Claims

Consumers’ Inability to Shape Up! Does Not Constitute Bodily Injury

THE SCOOP On January 30, 2012, a Texas federal judge ordered that Chubb Custom Insurance Company (“Chubb”) had no duty to defend its insured because the claimants in the underlying class action did not allege any “bodily injury” as defined by the

Posted in Class Action, False Advertising, Insurance Coverage, Nutritional Supplements
Cozen O’Connor has a national team of attorneys experienced in handling food contamination and product recall coverage matters related to first-party, third-party and specialty policies. The firm also developed a Food, Beverage & Nutritional Products Industry Team to provide advice and counsel to a wide range of companies connected directly and indirectly to the food and beverage industry.
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