Determining Insurance Coverage In Food-Recall Disputes

Law360, New York (January 31, 2013, 11:47 AM EST) -- The recent decision in Netherlands Insurance Company v. Main Street Ingredients LLC, Civil No. 11–533 (DSD/FLN) (D. Minn. Jan. 8, 2013), provided insight into the types of insurance coverage issues that arise in the food-recall context.

In that case, U.S. District Court for the District of Minnesota granted summary judgment in favor of a policyholder seeking defense and indemnity under a commercial general liability policy in connection with a suit arising from a contaminated milk facility. The court held that under Minnesota law, the policy provided...
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