Blog Archives

Injuries Caused By Contaminated Beef Constitute A Single Occurrence

A food-borne illness outbreak usually results in a large number of claimants and, depending on the scope of distribution of the contaminated product, it can spawn claims in a multitude of jurisdictions.  For insurance adjusters and their insureds, a critical question is

Posted in Insurance Coverage

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

Peanut Distributor Not Entitled to Coverage Under Accidental Contamination Policy

The ripple effects of a food recall up and down the supply chain continue to play out in courts across the U.S.  Recalls are not simply a matter of an injured consumer making a claim against the manufacturer of a

Posted in Contamination Policy, Insurance Coverage

Burritos Contaminated With Non-Dangerous Bacteria Not Covered By Contamination Policy

THE SCOOP This insurance coverage dispute arose out of a burrito product produced by Little Lady Foods that failed to make it to the market as expected.  Prior to shipment to convenient stores, Little Lady had to test its burrito

Posted in Contamination Policy, Insurance Coverage

Fresh Express’ Recall Policy Does Not Cover Spinach Recall Absent Actual Contamination

THE SCOOP The food industry will remember 2006 as the year of the North American E. coli outbreak caused by fresh-bagged spinach.  The FDA issued the broadest advisory in its history regarding a commodity, advising consumers not to eat bagged

Posted in Insurance Coverage
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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