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As reported on Hunton’s Insurance Recovery Blog , the Fifth Circuit recently held that Blue Bell Creameries’ commercialgeneralliability (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.
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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The lawsuit claims that Marriott was first made aware of the infringement in 2020 and received numerous notices, including earlier this year in March. Property and Liability products are distributed through a national network of agents and brokers.
These policies can also cover areas such as foreign business auto rental, foreign commercialgeneralliability, foreign voluntary workers’ compensation, foreign travel accident/sickness, marine ocean cargo, foreign commercial crime and political risk. Additionally, the U.S.
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.
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.
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