PRODUCTS LIABILITY. Expert Analysis Potential Rise in Rood-Related Product Liability Claims Calls For Proactive Risk Management

Size: px
Start display at page:

Download "PRODUCTS LIABILITY. Expert Analysis Potential Rise in Rood-Related Product Liability Claims Calls For Proactive Risk Management"

Transcription

1 Westlaw Journal PRODUCTS LIABILITY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 24, ISSUE 4 / JUNE 2013 Expert Analysis Potential Rise in Rood-Related Product Liability Claims Calls For Proactive Risk Management By Jonathan Cohen, Esq., and Emily Grim, Esq., Gilbert LLP Despite improvements in food safety standards over the last two decades, several incidents of food contamination in recent months suggest that foodborne illness is still on the rise. In December the U.S. Food and Drug Administration reportedly discovered salmonella at an Indiana farm that, less than earlier, had recalled its cantaloupes after the FDA linked the fruit to a salmonella outbreak that allegedly killed three and sickened hundreds. Shortly thereafter, a national bagel restaurant chain issued a recall of a smoked salmon product after its supplier notified the company of a potential bacteria threat. These outbreaks are not anomalous. Recent years have seen a significant uptick in food contamination events. A recent study by the U.S. Public Interest Research Group estimates that the number of Americans falling ill or dying from eating tainted food has jumped 44 percent since just Other studies have shown a similar increase in food-related incidents. According to the Centers for Disease Control and Prevention, each year about 48 million Americans fall ill, 128,000 are hospitalized and 3,000 die because of food contamination. That means as many as 15 percent of Americans contract a foodborne illness annually. With food contamination on the rise, even food companies that maintain strict quality control standards and perform extensive due diligence on their suppliers may face a recall or product liability claims. And, because food industry supply chains are long and complex, even problems experienced by small ingredient makers can lead to, and recently have resulted in, widespread recalls costing millions of dollars and creating potential tort liability for numerous food manufacturers, distributors and retailers. In light of this trend, food companies at all levels of the supply chain should prepare a careful recall risk-mitigation plan by following three essential steps.

2 WESTLAW JOURNAL PRODUCTS LIABILITY Identify risk in sufficient detail to enable an effective risk-mitigation strategy To prepare for a recall or food contamination incident, a company should begin by evaluating its potential risks. The company should collect data from executives, managers and other employees with the best knowledge of potential problems. Companies should focus on the details of these risks, defining them as specifically as possible. A company might begin with a broad obser-vation of a potential liability or exposure, such as, We are concerned about a contaminant being introduced into our product through a tainted ingredient. That observation, though, should be only the start of the risk assessment. The firm should follow up with key personnel, including executives, managers and others, to break this broad observation into more detailed and well-defined elements. For instance, a company might break the tainted ingredient concern into numerous contributing risks, such as, We are concerned that we will not be able to recover from a Chinese supplier if one of its ingredients contaminates our product, or, We are concerned other companies in the supply chain will seek to recover costs of recall, including brand damage, if our product becomes contaminated. Although a company s first step to remedy these risks should be improving quality control and assurance standards, companies should recognize their fears may become reality even with the best quality controls. Thus, companies should match their specific risks against the risk-mitigation strategies and insurance assets they have, or could have, in place. According to the CDC, each year some 48 million Americans fall ill, 128,000 are hospitalized and 3,000 die from food contamination. Match well-defined risks with vehicles for protection The purpose of breaking risk into well-defined components is to enable the company to match those risks with the protections that the company has in place, and also to identify areas where the company may lack adequate protection. Companies should recognize all the available vehicles for protecting against risk, such as insurance coverage, indemnities, additional-insured provisions or other less traditional mechanisms such as bonding or risk-pooling. In choosing the right risktransfer strategy, they should consider that the broadening of food supply chains has decreased the effectiveness of certain traditional risk-spreading techniques. For instance, two recent U.S. Supreme Court decisions have limited federal jurisdiction over suits against foreign manufacturers under certain circumstances. Goodyear Dunlop Tires Operations v. Brown, 131 S. Ct (2011); J. McIntyre Machinery Ltd. v. Nicastro, 131 S. Ct (2011). This potential narrowing of federal jurisdiction means food manufacturers may have more difficulty pursuing claims against foreign ingredient manufacturers, particularly in countries like China that have imposed high obstacles to suing local companies in their courts. These obstacles could render indemnities from those companies less valuable. Similarly, if a foreign supplier has insurance coverage that purports to apply to a domestic food company, it is important to confirm that the insurance was purchased in a jurisdiction that allows the domestic company to pursue that coverage. For the same reasons lawsuits are challenging against the supplier, lawsuits against the suppliers foreign insurers also may be difficult Thomson Reuters

3 VOLUME 24 ISSUE 4 JUNE 2013 States also have varying and evolving law that could limit the enforceability of indemnities or negate related insurance procurement requirements in supplier contracts. Companies should review the language of the indemnity they give and receive, thoroughly analyzing whether these, or other, provisions would be affected by the laws most likely to apply. Companies also should be prepared to look to their own insurance portfolios if the indemnities or additional-insured provisions of a supplier s policies fail. In assessing the types and amount of coverage they have, companies should analyze the specific language of their insurance policies to ensure their coverage provides the protection they expect. Companies should recognize that no insurance portfolio perfectly covers all the risks they might identify. Where a company identifies a potential coverage gap, it must consider the costs and benefits of filling those gaps. It is not always desirable, or even possible, to fill every gap or limitation in coverage. Still, it is important for companies to know their coverage limitations so riskmanagement decisions are well-informed. For example, although most food companies maintain commercial general liability policies that often cover the costs and liabilities arising from third-party bodily injury or property damage claims, those policies generally contain exclusions that bar coverage for some claims and costs associated with a product recall. After analyzing their recall risks including potential third-party claims by companies farther up the supply chain for their own recall costs companies should determine if their coverage is sufficient. Food companies at all levels of the supply chain should prepare a careful recall riskmitigation plan by following three essential steps. Companies can assess coverage sufficiency using industry benchmarks, as well as considering the extent of protection needed to advance their business goals in the face of a recall or contamination incident. This assessment might include a potential recall s likely impact on a company s brand reputation, finances and ability to preserve relationships throughout the supply chain. Thus, assessing the sufficiency of the amount and types of a company s coverage should ultimately turn on strategic business judgments about its willingness to accept risk and the costs and benefits of taking steps through insurance or other contractual means to spread that risk. In that light, many firms may find specialty contamination and recall policies useful additions to a risk-mitigation portfolio, but others may decide the risk associated with a recall does not justify the expense of obtaining a recall policy, particularly where a company has concerns about the breadth and cost of the coverage provided. Understand the legal positions insurers may take to limit coverage In choosing the extent and types of coverage to maintain, food companies costbenefit analyses must consider the likelihood and strength of arguments insurers might assert to avoid or narrow coverage once a claim arises. Initially, evaluating a company s coverage portfolio entails a review of the policy s language. Companies should not restrict their analysis to the language used in a specific policy form, however. Rather, they should evaluate that language in light of the legal trends and coverage positions insurers recently have taken Thomson Reuters 3

4 WESTLAW JOURNAL PRODUCTS LIABILITY For example, the language of product contamination and recall policies varies substantially regarding what event triggers insurers coverage obligations. One of the key triggers companies often seek is an accidental contamination of their products that requires a recall to avoid spreading foodborne illness. Virtually all modern recall policies applicable to food companies contain an accidental contamination trigger, but recent cases show that insurers and policyholders sometimes disagree as to what exactly must happen for those policies to activate. Insurers recently have argued, with some success, that recall policies limit coverage to recalls of contaminated products policyholders can prove actually were contaminated with a dangerous microbe. In Little Lady Foods Inc. v. Houston Casualty Co., 819 F. Supp. 2d 759 (N.D. Ill. 2011), a food maker recalled a product after testing revealed the presence of listeria. At the time of the recall, it did not know if the listeria was of a strain that causes bodily injury. Afterward, tests concluded that the listeria was not the type that could cause such injury. Two recent U.S. Supreme Court rulings have limited federal jurisdiction in suits against foreign food suppliers under certain circumstances. Based on these tests, the U.S. District Court for the Northern District of Illinois concluded that the recall did not trigger the policy s requirement that the recall resulted from contamination that may likely result in bodily injury. This result was despite the fact that the insured s product had tested positive for listeria, and that the company had acted responsibly in recalling the product to prevent consumer harm. At least one court has relied on Little Lady in denying recall coverage. In Ruiz Food Products v. Catlin Underwriting U.S. Inc., No. 1:11-cv-00889, 2012 WL (E.D. Cal. Sept. 13, 2012), the court found that a recall would not trigger the accidental contamination requirement in Ruiz Food s recall policy unless contamination or impairment is actually present in the recalled product. If other courts follow the Little Lady or Ruiz Food holdings, recall coverage could afford materially less protection than many policyholders might expect. So far, though, at least one court has distinguished Little Lady to reject an insurer s effort to avoid coverage. In Hot Stuff Foods v. Houston Casualty Co., No , 2012 WL (D.S.D. July 5, 2012), a federal district court distinguished Little Lady and rejected the insurer s attempt to avoid its coverage obligations under a recall policy. Hot Stuff Foods was a sausage manufacturer with an insurance policy covering expenses incurred in connection with product tampering or contamination. Because of a Hot Stuff packaging error, sausages with the preservative MSG were labeled as not containing it. Hot Stuff launched a Class III recall, which the FDA defines as involving products that likely will not cause adverse health consequences. The company then turned to its insurer for coverage of recall-related expenses, contending the MSG was a contaminant under the policy s terms and could cause bodily injury. The insurer denied the claim and, citing Little Lady, pointed to expert testimony at trial that MSG likely could not cause bodily injury. The court rejected the insurer s argument, finding that, regardless of the recall s Class III designation, the policy terms providing coverage for a product that may likely cause illness would be satisfied if Thomson Reuters

5 VOLUME 24 ISSUE 4 JUNE 2013 there were any possibility of illness resulting from MSG ingestion not, as the insurer argued, a probability of illness. Under this standard, the court determined that the recall constituted accidental contamination because MSG may likely result in physical symptoms of bodily injury, sickness or disease or death of any person. The Hot Stuff court distinguished Little Lady based on its finding that undisputed evidence proved MSG might cause injury in at least some instances, whereas the listeria at issue in Little Lady had no meaningful possibility of causing injury. While Hot Stuff represents a major win for policyholders facing coverage denials due to policy-based bodily injury requirements, it also serves as a reminder that policyholders must be vigilant about their choice of language in food recall policies. Had Little Lady, Ruiz Food and Hot Stuff procured policies with language that made clear coverage would be triggered by a reasonable belief that contamination could cause bodily injury, all might have avoided costly litigation, and Little Lady and Ruiz Food might have had coverage to pay for some or all their recall costs. CONCLUSION Food contamination may be on the rise, but by performing a comprehensive analysis of risk exposure and potential coverage options, and carefully wording recall policies to maximize coverage, companies can ensure they have the right protection. Jonathan Cohen is a partner at the Washington law firm Gilbert LLP. He can be reached at Emily Grim is an associate at Gilbert LLP and can be reached at Thomson Reuters. This publication was created to provide you with accurate and authoritative information concerning the subject matter covered, however it may not necessarily have been prepared by persons licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. For subscription information, please visit Thomson Reuters 5

Insureds Find Place to Roost in Foster Poultry Contamination Case

Insureds Find Place to Roost in Foster Poultry Contamination Case Westlaw Journal INSURANCE COVERAGE Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 26, ISSUE 14 / JANUARY 15, 2016 EXPERT ANALYSIS Insureds Find Place to Roost in Foster Poultry

More information

CLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims

CLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims Westlaw Journal CLASS ACTION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 19, ISSUE 8 / SEPTEMBER 2012 Expert Analysis The State of Coverage Disputes Concerning Advertising

More information

PRODUCTS LIABILITY. Westlaw Journal Formerly Andrews Litigation Reporter

PRODUCTS LIABILITY. Westlaw Journal Formerly Andrews Litigation Reporter Westlaw Journal Formerly Andrews Litigation Reporter PRODUCTS LIABILITY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 22, ISSUE 3 / APRIL 2011 Expert Analysis New CPSC Database

More information

Foreign Suppliers: Managing the Products Liability Risks In Your Supply Chain

Foreign Suppliers: Managing the Products Liability Risks In Your Supply Chain PROFESSIONAL ASSOCIATION_ ATTORNEYS AT LAW Foreign Suppliers: Managing the Products Liability Risks In Your Supply Chain Chuck Bavol, Esq. The Bleakley Bavol Law Firm 15170 N. Florida Avenue Tampa, FL

More information

Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL

Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL Using Insurance Coverage to Mitigate Cybersecurity Risks To Warranty and Service Contract Businesses Barry Buchman, Partner

More information

Insurance Coverage for Drywall Claims

Insurance Coverage for Drywall Claims Insurance Coverage for Drywall Claims Chinese Drywall Claims As those in the construction industry are now well aware, the use of drywall imported from China between 2004 and 2007 has led to litigation

More information

Insurance Coverage Issues for Products Manufactured by Foreign Companies

Insurance Coverage Issues for Products Manufactured by Foreign Companies Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty

More information

Pennsylvania Superior Court Renders Pro-Policyholder Decision on Primary Insurer s Attempt to Obtain Reimbursement of Defense Costs

Pennsylvania Superior Court Renders Pro-Policyholder Decision on Primary Insurer s Attempt to Obtain Reimbursement of Defense Costs Pennsylvania Superior Court Renders Pro-Policyholder Decision on Primary Insurer s Attempt to Obtain Reimbursement of Defense Costs By: Paul E. Del Vecchio* K&L Gates Henry W. Oliver Building 535 Smithfield

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Insurance Coverage In Consumer Class Actions

Insurance Coverage In Consumer Class Actions This article first appeared in the October 2010 issue of The Corporate Counselor. Insurance Coverage In Consumer Class Actions John W. McGuinness and Justin F. Lavella The business world is an increasingly

More information

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006 Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by

More information

Agents E&O Standard of Care Project

Agents E&O Standard of Care Project Agents E&O Standard of Care Project Survey Maryland To gain a deeper understanding of the differing agent duties and standard of care by state, the Big I Professional Liability Program and Swiss Re Corporate

More information

Introduction to Directors and Offi cers Liability Insurance

Introduction to Directors and Offi cers Liability Insurance CHAPTER 1 Martin J. O Leary Introduction to Directors and Offi cers Liability Insurance The following is a brief, general overview of coverage afforded under the Directors and Officers Liability Insurance

More information

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation) Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant

More information

G U E S T E S S A Y S

G U E S T E S S A Y S Comparing and Maximizing Performance Bond and Commercial General Liability Protections Frank L. Pohl, Esq. and James C. Washburn, Esq. Often when acting as the prime on a construction project, the design

More information

How To Defend Yourself In A Lawsuit Against A Car Insurance Policy In Illinois

How To Defend Yourself In A Lawsuit Against A Car Insurance Policy In Illinois Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342 TKK USA INC., f/k/a The Thermos Company, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,

More information

Pending Legislation Could Heighten Liability and Loss Associated With Mold

Pending Legislation Could Heighten Liability and Loss Associated With Mold MOLD CLAIMS: A BASIC FRAMEWORK FOR FINDING COVERAGE UNDER COMMERCIAL PROPERTY AND GENERAL LIABILITY POLICIES, by Whitney E. Stein, Copyright 2001 Insurance Law Group, Inc. The presence of mold at toxic

More information

GOVERNMENT CONTRACT. Westlaw Journal

GOVERNMENT CONTRACT. Westlaw Journal Westlaw Journal GOVERNMENT CONTRACT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 26, ISSUE 13 / OCTOBER 29, 2012 Expert Analysis Switching to Offense in Government Contracting:

More information

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 You just discovered that the commercial or industrial property that you own is polluted. This discovery may have occurred during the negotiations

More information

In this insurance coverage dispute, plaintiffrespondent. Keyspan Gas East Corporation seeks a declaration that

In this insurance coverage dispute, plaintiffrespondent. Keyspan Gas East Corporation seeks a declaration that ================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

JUDGMENT AFFIRMED. Division II Opinion by JUDGE TERRY Casebolt and Furman, JJ., concur. Announced June 10, 2010

JUDGMENT AFFIRMED. Division II Opinion by JUDGE TERRY Casebolt and Furman, JJ., concur. Announced June 10, 2010 COLORADO COURT OF APPEALS Court of Appeals No. 09CA0830 Arapahoe County District Court No. 08CV1981 Honorable Michael Spear, Judge Travelers Property Casualty Company of America, Plaintiff-Appellant, v.

More information

Construction Defects And 'The Space Between'

Construction Defects And 'The Space Between' Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defects And 'The Space Between' Law360,

More information

Whistleblower Claims: Are You Covered?

Whistleblower Claims: Are You Covered? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New

More information

Products Liability and Insuring Protection. ForanGlennonPalandechPonzi&Rudloff PC

Products Liability and Insuring Protection. ForanGlennonPalandechPonzi&Rudloff PC Products Liability and Insuring Protection ForanGlennonPalandechPonzi&Rudloff PC Personal Injury Property Damage Economic Loss User (consumer) of ultimate product containing spring gets injured or dies.

More information

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Lewis S. Wooton December 15, 2010 Most commercial general liability policies contain a professional services exclusion

More information

Construction Defect Coverage Recap For 1st Quarter

Construction Defect Coverage Recap For 1st Quarter Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter

More information

HOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY

HOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY HOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY Every company has a person in charge of its insurance. If your

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV REVERSE and REMAND; and Opinion Filed April 3, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01365-CV UNITED MEDICAL SUPPLY COMPANY, INC., Appellant V. ANSELL HEALTHCARE PRODUCTS,

More information

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant.

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. Circuit Court of Illinois. County Department Chancery Division Cook County TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant. No. 00CH08224. 2008. Answer

More information

INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952

INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952 INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952. POLICY PROVISIONS AND FORMS FOR AUTOMOBILE INSURANCE (SELECTED SECTIONS) SUBCHAPTER C. UNINSURED

More information

The Policy Insurance Law Section Council Illinois State Bar Association

The Policy Insurance Law Section Council Illinois State Bar Association The Policy Insurance Law Section Council Illinois State Bar Association Illinois Supreme Court Holds Insurer to Burden of Proving That Its Policy Limitation Applies: Two Deaths Are Not a Single Occurrence

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. Defendant William D. Marler Marler Clark LLP PS 01 Second Ave, Suite 00 Seattle, WA 1-0 Ph: IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE DOROTHY H. PEARCE, vs. Plaintiff,

More information

Obtaining Indemnity Through Effective Tender Letters

Obtaining Indemnity Through Effective Tender Letters Page 1 of 5 Portfolio Media. Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Obtaining Indemnity Through Effective

More information

Oregon Insurance Coverage Law

Oregon Insurance Coverage Law Oregon Insurance Coverage Law The Policyholders Perspective Kevin S. Mapes Ball Janik LLP Policy Interpretation Under Oregon Law Hoffman Construction Company v. Fred S. James & Co., 313 Or 464 (1992):

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

GOVERNMENT CONTRACT. Expert Analysis Decision Affirms Right of Contractors to Challenge Federal Pre-Procurement Decisions

GOVERNMENT CONTRACT. Expert Analysis Decision Affirms Right of Contractors to Challenge Federal Pre-Procurement Decisions Westlaw Journal GOVERNMENT CONTRACT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 26, ISSUE 6 / JULY 23, 2012 Expert Analysis Decision Affirms Right of Contractors to Challenge

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN and DENISE McELHINEY : CIVIL ACTION : v. : : ALLSTATE INSURANCE COMPANY : NO. 98-2529 MEMORANDUM Bartle, J. January, 1999

More information

In Corporate Transactions will the Insurance Follow

In Corporate Transactions will the Insurance Follow In Corporate Transactions will the Insurance Follow the liabilities? b y M i c h a e l H. G i n s b e r g a n d I a n F. L u p s o n Companies buying and selling corporate assets and subsidiaries often

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Restaurants & Hospitality

Restaurants & Hospitality TRADE NAME RESTORATION (TNR ) Business Interruption Coverage For Food Borne Illness Restaurants & Hospitality These Industries May Need More Than Just Traditional Coverages Policy Property General Liability

More information

2015 IL App (1st) 140761-U No. 1-14-0761 March 31, 2015 Modified Upon Denial of Rehearing May 12, 2015 IN THE APPELLATE COURT OF ILLINOIS

2015 IL App (1st) 140761-U No. 1-14-0761 March 31, 2015 Modified Upon Denial of Rehearing May 12, 2015 IN THE APPELLATE COURT OF ILLINOIS 2015 IL App (1st) 140761-U No. 1-14-0761 March 31, 2015 Modified Upon Denial of Rehearing May 12, 2015 SECOND DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent

More information

2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2008AP1036 Complete Title of Case: JOHN A. MITTNACHT AND THERESA MITTNACHT, PLAINTIFFS-APPELLANTS, V. ST. PAUL FIRE AND CASUALTY

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR APPELLANTS ATTORNEY FOR APPELLANTS ATTORNEYS FOR APPELLEE QUERREY & HARROW, LTD., SANDERS PIANOWSKI, LLP AND TRANSCONTINENTAL INS. CO. JAMES N. KOSMOND, AND ROBERT A. SANDERS GRETCHEN CEPEK

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

Liability Concerns for Farmers Involved in Direct Marketing of Farm Products

Liability Concerns for Farmers Involved in Direct Marketing of Farm Products Liability Concerns for Farmers Involved in Direct Marketing of Farm Products (August 2003) Prepared by Carolyn J. Pugh Legal Research Assistant Agricultural Law Research and Education Center Pennsylvania

More information

A publication of the Lowenstein Sandler Insurance Practice Group

A publication of the Lowenstein Sandler Insurance Practice Group C L A I M DENIED June 2001 A publication of the Lowenstein Sandler Insurance Practice Group New Jersey Law Provides Coverage For Asbestos Claims by Robert D. Chesler, Esq. and Christian Jarecki, Esq. New

More information

PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS. House Bill 4 significantly impacted most areas of Texas Tort Law. In the

PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS. House Bill 4 significantly impacted most areas of Texas Tort Law. In the PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS House Bill 4 significantly impacted most areas of Texas Tort Law. In the traditional products liability arena, tort reform affected three major changes:

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

What You Should Know About General Agreements of Indemnity and Why You Should Know It

What You Should Know About General Agreements of Indemnity and Why You Should Know It What You Should Know About General Agreements of Indemnity and Why You Should Know It Summary When a contractor (for purposes of this discussion, contractor includes subcontractor) first seeks surety credit,

More information

Dietary Supplement Liability Insurance Coverage

Dietary Supplement Liability Insurance Coverage Dietary Supplement Liability Insurance Coverage Protecting your supplement manufacturing or distribution business An exploration of coverage limitations provided by insurance companies offering product

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana

More information

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388 Page 1 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388 COMMON PLEAS COURT OF CHESTER COUNTY, PENNSYLVANIA 2011 Pa. Dist. & Cnty.

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

The Intersection Between Liability Law and Economics and Its Relevance to Foodborne Illness Litigation

The Intersection Between Liability Law and Economics and Its Relevance to Foodborne Illness Litigation Chapter 3 The Intersection Between Liability Law and Economics and Its Relevance to Foodborne Illness Litigation Overview of the Incentive System To Provide Food Safety U.S. firms that make or distribute

More information

WORKERS COMPENSATION GLOSSARY

WORKERS COMPENSATION GLOSSARY WORKERS COMPENSATION GLOSSARY ACCIDENT An unplanned and unexpected event which occurs suddenly and at a definite place resulting in injury and/or damage. ACCIDENT FREQUENCY The rate of the occurrence of

More information

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Plaintiff-Appellant, : No. 12AP-575 v. : (C.P.C. No. 10CVH-02-3107)

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Plaintiff-Appellant, : No. 12AP-575 v. : (C.P.C. No. 10CVH-02-3107) [Cite as Allied Roofing, Inc. v. W. Res. Group, 2013-Ohio-1637.] Allied Roofing, Inc., : IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Plaintiff-Appellant, : No. 12AP-575 v. : (C.P.C. No. 10CVH-02-3107)

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

What China's Lemon Law Will Mean For Manufacturers

What China's Lemon Law Will Mean For Manufacturers Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com What China's Lemon Law Will Mean For Manufacturers

More information

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association MEMORANDUM TO: FROM: RE: Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association David R. Carpenter, Collin P. Wedel, Lauren A. McCray Liability of Municipal Members

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

That s A Wrap What Every Claims And Construction Professional Needs To Know About Wrap-up Insurance Programs

That s A Wrap What Every Claims And Construction Professional Needs To Know About Wrap-up Insurance Programs 2015 CLM Atlanta Conference November 5-6, 2015 in Atlanta, GA That s A Wrap What Every Claims And Construction Professional Needs To Know About Wrap-up Insurance Programs In the construction industry,

More information

Client Alert. Powerine II Significant Insurance Coverage Implications for Administrative Cleanup Costs. Insurance Recovery. Environmental Litigation

Client Alert. Powerine II Significant Insurance Coverage Implications for Administrative Cleanup Costs. Insurance Recovery. Environmental Litigation Powerine II Significant Insurance Coverage Implications for Administrative Cleanup Costs by Stewart S. Harrison Insurance Recovery Environmental Litigation In welcome news to umbrella policyholders, the

More information

12 Considerations for Managing Foreign Supplier Risk

12 Considerations for Managing Foreign Supplier Risk 12 Considerations for Managing Foreign Supplier Risk November 2014 Lockton Companies A growing number of manufacturers over the past VINCE GAFFIGAN, CPA EVP, Director, Risk Consulting Risk Management Services

More information

'Additional Insured' At Stake In Texas High Court BP Case

'Additional Insured' At Stake In Texas High Court BP Case Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com 'Additional Insured' At Stake In Texas High Court

More information

Duty To Warn For Other Manufacturers' Products?

Duty To Warn For Other Manufacturers' Products? Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Duty To Warn For Other Manufacturers' Products?

More information

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ATS INTERMODAL, LLC, a corporation; GARLAND B. BEASLEY;

More information

PRODUCT RECALL INSURANCE

PRODUCT RECALL INSURANCE PRODUCT RECALL INSURANCE FIVE REASONS WHY COMPANIES SHOULD STRONGLY CONSIDER ITS PURCHASE Florian Beerli, Senior Vice President, Product Recall,ACE Westchester PRODUCT RECALL INSURANCE FIVE REASONS WHY

More information

Employers Liability and Insurance Coverage in the Construction Industry

Employers Liability and Insurance Coverage in the Construction Industry Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 18, Number 1 (18.1.29) Insurance Law By: Gregory G. Vacala and Allison H. McJunkin Rusin

More information

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session. Enrolled. Senate Bill 297 CHAPTER... AN ACT

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session. Enrolled. Senate Bill 297 CHAPTER... AN ACT 72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session Sponsored by COMMITTEE ON JUDICIARY Enrolled Senate Bill 297 CHAPTER... AN ACT Relating to contracts; creating new provisions; and amending ORS 465.475

More information

After major construction

After major construction Anderson Kill & Olick, P.C. REAL ESTATE & CONSTRUCTION A D V I S O R www.andersonkill.com Summer 2012 Ten Tips for Pursuing Insurance and Bond Claims After Construction Accidents By Finley Harckham Finley

More information

THE HIGH COST OF A PRODUCT RECALL

THE HIGH COST OF A PRODUCT RECALL WHITE PAPER THE HIGH COST OF A PRODUCT RECALL USING PROCESS ANALYTICS SOFTWARE TO MAXIMIZE SAFETY, PRODUCTIVITY AND PROFITS BY CRAIG GUNTHER CONTENTS Introduction 2 Recall Considerations 2 Self Regulation

More information

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS By James W. Bryan Nexsen Pruet P.L.L.C. Greensboro, North Carolina 336-373-1600 jbryan@nexsenpruet.com

More information

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401 IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative

More information

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY 59202 Prepared by the North Dakota Legislative Council staff for the Transportation Committee March 2004 UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY This memorandum reviews the law on uninsured

More information

BANKRUPTCY. Westlaw Journal. Part 2: How to Maximize Recovery by Properly Asserting Claims for Goods Sold to a Debtor in the 20 Days Before Bankruptcy

BANKRUPTCY. Westlaw Journal. Part 2: How to Maximize Recovery by Properly Asserting Claims for Goods Sold to a Debtor in the 20 Days Before Bankruptcy Westlaw Journal BANKRUPTCY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 7, ISSUE 18 / JANUARY 7, 2011 Expert Analysis Show Me the Money! Bankruptcy Claims Under Section

More information

Emerging Liability Risks A Practical Accumulation Example

Emerging Liability Risks A Practical Accumulation Example Emerging Liability Risks A Practical Accumulation Example Emerging Liability Risks A Practical Accumulation Example Wilhelm Zeller, Rüschlikon, 4 November 2015 Sources incl.: Wikipedia, RAND, NERA. Emerging

More information

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO 80202 Plaintiffs: JON C. COOK, an individual, and THE LUMBERYARDS DEVELOPMENT, L.L.C., a Colorado Limited Liability Company,

More information

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O

v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE

More information

PERSONAL INJURY ISSUES PRESENTED TO THE TRIAL COURT IN PARR V. ARUBA PETROLEUM i. Charles W. Sartain and Maryann Zaki Gray Reed & McGraw PC

PERSONAL INJURY ISSUES PRESENTED TO THE TRIAL COURT IN PARR V. ARUBA PETROLEUM i. Charles W. Sartain and Maryann Zaki Gray Reed & McGraw PC PERSONAL INJURY ISSUES PRESENTED TO THE TRIAL COURT IN PARR V. ARUBA PETROLEUM i Charles W. Sartain and Maryann Zaki Gray Reed & McGraw PC The defendants argued, generally, that what a Texas plaintiff

More information

2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2011AP2 Petition for Review Filed Complete Title of Case: ARTISAN & TRUCKERS CASUALTY CO. AND PROGRESSIVE CASUALTY INSURANCE COMPANY,

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT.

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION PLAINTIFFS-APPELLANTS, DEFENDANT-RESPONDENT, DEFENDANT. 2000 WI App 171 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 99-0776 Complete Title of Case: RONNIE PROPHET AND BADON PROPHET, V. PLAINTIFFS-APPELLANTS, ENTERPRISE RENT-A-CAR COMPANY, INC.,

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide. J. Kent Holland, Jr., Esq.

Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide. J. Kent Holland, Jr., Esq. Indemnification Clauses, Part 1* Discussion from a/e ProNet's Risk Management and Contract Guide J. Kent Holland, Jr., Esq. Issue: Indemnification provisions in contracts may require the design professional

More information

Are Temp Nurses Hospital Employees For Insurance Policies?

Are Temp Nurses Hospital Employees For Insurance Policies? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Are Temp Nurses Hospital Employees For Insurance Policies?

More information

STATE OF WISCONSIN CIRCUIT COURT KENOSHA COUNTY BRANCH CASE NO. Plaintiff,

STATE OF WISCONSIN CIRCUIT COURT KENOSHA COUNTY BRANCH CASE NO. Plaintiff, STATE OF WISCONSIN CIRCUIT COURT KENOSHA COUNTY BRANCH Denis W. Stearns, Wis. Bar No. 1020675 MARLER CLARK, L.L.P., P.S. 701 Fifth Avenue, Suite 6600 Seattle, WA 98104 Telephone: (206) 346-1888 Facsimile:

More information

Expert Analysis 3rd Circuit Ruling Provides Bankruptcy Plans with Broad Preemption Rights. By Dov Kleiner, Esq. Vinson & Elkins

Expert Analysis 3rd Circuit Ruling Provides Bankruptcy Plans with Broad Preemption Rights. By Dov Kleiner, Esq. Vinson & Elkins Westlaw Journal ASBESTOS Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 34, ISSUE 21 / AUGUST 3, 2012 Expert Analysis 3rd Circuit Ruling Provides Bankruptcy Plans with Broad

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed September 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-353 Lower Tribunal No.

More information

Food Traceability Best Practices in the Age of Big Data

Food Traceability Best Practices in the Age of Big Data in the Age of Big Data Increasing regulations and big data are compelling food manufacturers to adopt automated traceability solutions as part of their quality programs. 1 InfinityQS International, Inc.

More information

BANKRUPTCY. Participants in a Bankrupt Company s Retirement Plan Can Expect to Wait For Their Money. Westlaw Journal.

BANKRUPTCY. Participants in a Bankrupt Company s Retirement Plan Can Expect to Wait For Their Money. Westlaw Journal. Westlaw Journal BANKRUPTCY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 9, ISSUE 8 / AUGUST 16, 2012 Expert Analysis Participants in a Bankrupt Company s Retirement Plan

More information

Case Comment: Hardie v Kamloops Towne Lodge Ltd 2014 BCSC 955

Case Comment: Hardie v Kamloops Towne Lodge Ltd 2014 BCSC 955 BC Court upholds denial of coverage under CGL policy for the cost to dispose of the insured s defective product In this Issue Case Comment: Tien Lung Takewon-Do Club v Lloyd s Underwriters 2014 ABQB 146

More information

2014 Group Benefits Employer Markets Legislative Notice

2014 Group Benefits Employer Markets Legislative Notice 2014 Group Benefits Employer Markets Legislative Notice Employee Version Note: The purpose of this Notice is to provide an overview of new laws primarily passed in 2014 that may impact your insurance policy.

More information