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The Scoop On The Fifth Circuit’s Ruling Against Blue Bell Ice Cream

Hunton Andrews Kurth

As reported on Hunton’s Insurance Recovery Blog , the Fifth Circuit recently held that Blue Bell Creameries’ commercial general liability (CGL) insurers do not have a duty to defend the ice cream company in a shareholder lawsuit, which arose from a Listeria outbreak. In any event, the ruling is a mixed bag for policyholders.

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Recall Roundup: June

Hunton Andrews Kurth

However, contamination events and ensuing recalls can lead to a variety of other claims that implicate a number of other coverages, including liability coverage for claims against officers and directors addressing the company’s internal contamination risk and safety policies and procedures. Blue Bell Creameries USA, Inc.

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Cannabis Industry Prospects Brighten;Risks, Challenges Remain

Triple-I: Workers Compensation

Similar federal “safe harbor” legislation for the insurance industry – the Clarifying Law Around Insurance of Marijuana Act (CLAIM Act) – was introduced last month. The CLAIM Act would let these businesses obtain insurance to cover the same risks of theft, damage, injury, loss, and liability as all other businesses.

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Recall Roundup: August

Hunton Andrews Kurth

The insurers recently asked the court to toss Landec’s California federal court action on forum non conveniens grounds, claiming that the policy’s forum selection clause requires the suit be venued in New York. Blue Bell recently filed its answer to the insurers’ complaint and counter claimed for breach of contract.