Insurance Coverage for Food Contamination and Recall Claims Under CGL, Property, and Contamination Policies
Scope of Coverage, Coverage Triggers, Relevant Exclusions and Policy Language Interpretation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss key insurance coverage issues for food contamination and product recall claims under CGL, property, and product contamination policies, the scope of coverage, coverage triggers, applicable conditions and exclusions, and policy language interpretation. The program will address both first- and third-party coverage issues from the perspectives of both policyholders and insurers.
Outline
- CGL policies
- Third-party coverage for bodily injury
- Third-party coverage for property damage
- First-party property policies
- Direct physical loss
- Contamination exclusion
- Product contamination policies
- Coverage trigger: Is actual contamination required? What about "potential" bodily injury? What is an "error"?
- Coverage for preventive recalls
- Coverage for adverse publicity
Benefits
The panel will review these and other key issues:
- Coverage for third-party injuries
- Coverage for first-party damages
- Coverage issues and challenges for preventive recalls
- Coverage issues and challenges for damages arising from adverse publicity
Faculty
Joseph F. Bermudez
Partner
Stewart Smith Law
Mr. Bermudez handles international and domestic insurance coverage matters. He maintains a special focus on crisis... | Read More
Mr. Bermudez handles international and domestic insurance coverage matters. He maintains a special focus on crisis management insurance issues involving product recalls; cyber and data breaches; reputational risk; political risk; trade and supply chain disruptions; kidnap, ransom and extortion; piracy; and other emerging issues. Mr. Bermudez has handled crises matters throughout North America, Europe, Asia and South America. He works with underwriters, brokers, claims professionals, and crisis consultants and their respective clients in developing new products and effectively resolving crises. Mr. Bermudez also consults with companies in the food, consumer goods, auto, pharmaceutical and aviation industries to ensure they are properly protected when a crisis strikes. He has authored numerous articles and lectured in North America, Europe, Asia and South America on crisis management and emerging issues.
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Suzan F. Charlton
Special Counsel
Covington & Burling
Ms. Charlton has represented policyholders in insurance coverage disputes for more than 20 years. Clients trust her... | Read More
Ms. Charlton has represented policyholders in insurance coverage disputes for more than 20 years. Clients trust her with coverage problems that demand creative solutions and zealous advocacy when litigation is called for. Her practice includes clients from a wide range of industries, including high-tech government contractors, oil and gas companies, energy utilities, industrial manufacturers, railroads, food and beverage companies, and hospitality businesses. Ms. Charlton has handled all aspects of complex insurance coverage litigation, from filing a complaint through trial and appeal, and has successfully negotiated numerous substantial insurance coverage settlements. Ms. Charlton lectures extensively on insurance and other topics in CLE programs, industry conferences, and at universities, including past service as an adjunct professor at the University of Maryland, University College, and as a guest lecturer at the University of Connecticut School of Law.
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Arthur S. Garrett, III
Partner and General Counsel
Keller and Heckman
Mr. Garrett is Co-Chair of the firm’s national litigation practice. His practice focuses on insurance recovery... | Read More
Mr. Garrett is Co-Chair of the firm’s national litigation practice. His practice focuses on insurance recovery with an emphasis on the representation of food industry policyholders. Mr. Garrett’s trial experience has taken him all over the U.S. to try cases in state and federal courts and mediate/arbitrate disputes on behalf of corporations and trade associations. He specializes in advising food companies on their liability insurance programs (including GL, D&O, E&O, excess, umbrella and specialized recall policies, such as product contamination insurance) and first-party property policies, including open marine/cargo insurance. In such matters, Mr. Garrett provides advice on the appropriate insurance coverage and the rights of policyholders in the event of a loss and in disputes with their insurance carriers. He also provides advice on appropriate risk transfer mechanisms (insurance and indemnity) in commercial transactions.
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