The CDC estimates that 1 in 6 Americans get sick from contaminated foods or beverage each year, and that 3,000 people die, resulting in total food-borne illness costs of more than $15.6 billion dollars each year. Those numbers are not
Lathrop GPM
Lathrop GPM is a global law firm representing clients in a variety of business matters. They write on business, workplace, and insurance concerns in their blog The Road to Insurance Recovery.
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Five Ways to Maximize Insurance Recovery in the Immediate Aftermath of Florence
Hurricane Florence has caused devastation throughout the Carolinas, including as-yet-unknown property damage, business interruption, environmental contamination, and most tragically, loss of life.
When a disaster like Florence occurs, corporate policyholders enter crisis mode, doing everything they can to make sure…
Social Engineering Cyber Coverage: Protecting Your Company from the Human Factor
Remember those spam emails from Nigerian royal family members needing to transfer millions of dollars out of Nigeria, requesting the recipients provide banking and personal information to “hold” the funds or otherwise front money to the fraudster to pay taxes…
Ninth Circuit Says Excess Insurers Must Participate in Early Settlement Negotiations
Excess insurance plays a vital role in mitigating the risk of large losses, but excess insurers often contend they have no obligations and are entitled to sit on the sidelines of a lawsuit against their policyholder until underlying insurers have…
Missouri Awards “All-Sums” for Nooter’s Long-Tail Liability
In late 2017, in a move favoring policyholders, the Missouri Court of Appeals for the Eastern District applied the “all-sums” approach to allocating and exhausting insurance coverage for a continuous asbestos harm in Nooter Corp. v. Allianz Underwriters Ins. Co.,…
The Absolute Pollution Exclusion: The Missouri Supreme Court Weighs In
In 2017, the Missouri Supreme Court handed down its Doe Run decision, where it interpreted, as a matter of first impression, an insurance policy’s so-called “absolute pollution exclusion,” holding that it barred coverage for environmental-degradation claims arising from the release…
ALI’s Insurance Law Project
UPDATE on May 23, 2018: Yesterday, ALI voted to approve these rules and many more contained in a 488-page document containing guidelines intended to aid courts in resolving coverage complex disputes. It remains to be seen how and whether courts…
We’re Not Afraid to Talk About Privilege
The attorney-client privilege is one of the oldest and most widely-known—if generally misunderstood—common law doctrines. In its broadest outline, it’s a rule that’s fairly easy to grasp and apply: a communication between a lawyer and a client for a legal…
Coffee and Cancer Warnings in California
Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that contained a compound known to the…
Must Policyholders Exhaust All Underlying Policies Before Pursuing Excess?
Montrose v. Superior Court and the Future of Exhaustion Under California Law.
When a policyholder faces a “long-tail” claim (i.e., a claim involving injury that remains undetected for some time after the alleged wrongdoing, and the harm may have been…