Food Safety Insurance And The FDA's Forthcoming Rule

Law360, New York (June 16, 2015, 10:25 AM EDT) -- A recent ruling by the California Supreme Court continues a national trend of decisions over the past several years denying coverage for potential contamination incidents under product contamination insurance (PCI) policies. The latest decision is rendered at a critical time for the food industry. By the end of summer, food companies face regulatory transformations not seen since early last century. The regulatory "climate change" for the food industry is coming quickly and companies' brokers and insurers must be prepared for the inevitable challenges. Food companies need to analyze and understand the impact the new regulatory environment will have on their operations and consider proper protection in the event of a recall crisis. Brokers and underwriters would be well advised to analyze current PCI wordings and coverage offerings in consideration of the enhanced risks brought about by the regulatory climate change....

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