News & Analysis as of

Insurance Products Liability

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

A Developing Cybersecurity Standard: Anticipate, Mitigate and Remediate

The latest cyberattack across multiple countries shows that hackers do not discriminate by industry. It’s not just about targeting “data” such as credit card or insurance information. Rather, it is increasingly about stealing...more

Court Compels Discovery Of Reinsurance Allocation Information

by Carlton Fields on

In an action involving claims under facultative reinsurance for the reinsurance of asbestos risks, the reinsurer sought discovery of documents concerning the allocation of losses among the reinsurers on the program, and...more

Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy

Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as well. Furthermore, these...more

California’s Insurance Commissioner Encourages Admitted Carriers to Insure Cannabis Risks

by Wilson Elser on

Members of Wilson Elser’s Cannabis Law practice attended a teleconference led by California Insurance Commissioner Dave Jones with 63 insurance industry stakeholders on May 22, 2017, to discuss insurance requirements set...more

Tips for a Startup Manufacturer in Negotiating Vendor Contracts

by JD Supra Perspectives on

As a startup manufacturer, vendor contracts are one of the most common types of agreements you are likely to encounter. ...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Have You Noticed the Increase in Food Recalls?

by Robins Kaplan LLP on

Almost every day, the FDA announces a new recall or safety alert for a potentially dangerous food. Earlier this month, Trader Joe’s recalled some SKUs of apple sauce due to complaints that they may contain small pieces of...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

by Dickinson Wright on

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

by McCarter & English, LLP on

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

Insurance Policyholders Required to Provide Notice of Claims and Settlements Says Sixth Circuit

by Perkins Coie on

Running counter to the national trend to require insurers to show prejudice before they can void their insurance obligations due to allegedly late notice, the U.S. Court of Appeals for the Sixth Circuit recently strictly...more

Preparing for the Unexpected with Product Recall Insurance

by Stinson Leonard Street on

Companies often incur substantial costs implementing and responding to product recalls. A children's product recall might include any of the following costs, among others...more

[Webinar] Insurance Coverage Issues, Challenging Damages in High Exposure Cases, A Humorous History of Asbestos Litigation, and...

by Low, Ball & Lynch on

This Webinar will cover four topics that include Insurance Coverage Issues, Challenging Damages in High Exposure, A Humorous History of Asbestos Litigation, and a California Case Law update....more

The Recall Button Doesn't Have to Be a Panic Button

by Blank Rome LLP on

In recent years, the food industry has experienced a dramatic increase in recalls, withdrawals and contamination events. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) requested or monitored...more

Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures?

by Farella Braun + Martel LLP on

The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today....more

Supply Chain Agreements

In this video, McNees attorney Peter F. Kriete recaps three recent food recalls as well as the new Senate Bill 764 that will require the USDA to develop label regulations on certain food and beverages. Mr. Kriete also lays...more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

by Wilson Elser on

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

California Supreme Court Invites Suits against Defendants Doing Any Business in California

by Cozen O'Connor on

In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, 2016 WL 4506107 greatly expanded the concept of specific jurisdiction to allow a...more

Contaminated Flour – Is Nothing Sacred?

by Selman Breitman LLP on

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Food Product Recalls – Are You Covered?

by McCarter & English, LLP on

Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli...more

New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

by K&L Gates LLP on

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to...more

Product Recalls and Insurance: Considerations to Maximize Covered Expenses

by McCarter & English, LLP on

Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. On May 10, 2016, grocery store chain Publix announced a voluntary recall of its cranberry nut and seed mix. Publix learned of...more

The financial advisor who sells a trustee an insurance contract that is inappropriate in light of the trust's purposes risks...

by Charles E. Rounds, Jr. on

It is an understatement that the Minnesota Court of Appeals in In re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005 [A13-2295, Dec. 8, 2014] afforded the trustee who had...more

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