Coverage Dispute Over An Umbrella Liability Insurance Policy

The case of Cargill Inc. v. ACE Property & Casualty Insurance Co., Case No. 250703456, is of interest for certain coverage disputes in Canada. It was filed in the Court of Common Pleas in Philadelphia on July 31, 2025. The claim involves a coverage dispute over an umbrella liability insurance policy that Cargill Inc. ("Cargill") purchased from ACE Property & Casualty Insurance Company ("ACE"). In addition to the ACE policy, Cargill maintained a commercial umbrella policy from National Union Fire Insurance Company of Pittsburgh ("National Union"). Cargill is taking the position that ACE improperly refused coverage under an excess liability policy to the National Union policy.

On May 5, 2021, Cargill became aware of contamination within products it manufactured, leading to its customers recalling and/or destroying their derivative products. Cargill provided notice of the contamination to its insurers on June 18, 2021. Cargill's other insurers provided coverage under