Publications
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The Measles Are Back: How to Inoculate Against Business Interruption and Other Epidemic Claims Risks
Claims Management
March 2015
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FDA Outbreak Response Is Not a Constitutional Taking
Can A Food Company Be Compensated By The FDA for a Recall?
October 1, 2014
While governmental regulatory actions can have significant financial impact on the marketplace, in the instance of a governmental product advisory, a standard insurance portfolio of general liability and property policies offers no protection. Companies should consider governmental recall and adverse publicity coverages that are contained in product contamination and product recall policies to protect their bottom line.
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Claims Associated with Event Cancellation Insurance Resulting from a Terrorist Act May Involve Complex Coverage Issues
The Impact of a Terrorist Act on Event Cancellation/Contingency Policies
April 17, 2013
The bombings that occurred in Boston on April 15, 2013, have been classified as an act of terrorism. Whether the bombings meet the definition of a terrorist act that is found in most Event Cancellation/Contingency insurance policies exclusions or endorsements can raise significant coverage issues.
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FDA Exercises Its Suspension Authority Pursuant to the Food Safety Modernization Act
Food Safety Modernization Act
December 3, 2012
Companies involved in a food safety crisis need to properly prepare to respond to extremely short deadlines and the FDA’s information demands by acquiring a product contamination policy that includes crisis management entitlements and consultant costs.
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Event Cancellation Losses May Be Unprecedented Given Severity and Scope of Sandy
Event Cancellation / Contingency Insurance in Superstorm’s Aftermath
November 7, 2012
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U.S. District Court Agrees with Insurer’s Interpretation of Accidental Product Contamination and Grants Summary Judgment on All Counts
October 2011
On September 22, 2011, the United States District Court for the Northern District of Illinois, Eastern Division determined that no coverage existed under an accidental product contamination policy where the products were never actually contaminated with harmful bacteria.
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California Court of Appeal Reverses Judgment on the Basis of Inconsistency with “Plain Language” in Insurance Policy
September 2011
Appellate decisions, such as the one issued recently by California’s Sixth District Court of Appeal in Fresh Express Incorporated v. Beazley Syndicate, can provide important insight to the insurance industry for developing and refining coverage forms. In this case, an E. coli outbreak was determined not to be an “accidental contamination” as defined by the policy at issue, and therefore not an “insured event.”