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Practice Details

Crisis Management & Product Contamination / Recall Coverage

Our Crisis Management and Recall Coverage attorneys offer insurers broad experience and a thorough understanding of the complex coverage issues that arise under product contamination and recall insurance policies. Clients turn to us for legal advice and strategic guidance in this specialized area of insurance, from policy drafting to providing coverage counsel and litigating coverage disputes over the sensitive and high-profile claims that can arise from defects in or contamination to foods and beverages, pharmaceuticals and consumer products. 

Our attorneys work closely with insurers, technical experts, policyholders and their counsel to address the challenging coverage disputes that often arise under product contamination insurance, whether the coverage is for product defects, accidental product contamination, government recall, malicious product tampering or product extortion. 

We counsel insurers on their most difficult issues, often involving disputes over policy formation and possible misrepresentations in the application, when and whether coverage has been triggered, the application of exclusions or policy limitations, coordinating coverage with other insurance policies and pursuing subrogation against third parties after the claim has been paid. We regularly advise our clients on complex issues involving the scope of covered loss in claims for recall costs, coverage for lost revenues and how to calculate business interruption loss and the effect of negative publicity. Clients trust us to help them navigate high profile claims made against their insureds, including product liability lawsuits and regulatory investigations or proceedings by the Food and Drug Administration, the Consumer Product Safety Commission or foreign regulators.