Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 02 MARCH 2017

Contaminated Product Insurance Policy Held Void Due To Insureds Misrepresentations

Dickinson Wright PLLC
Dickinson Wright PLLC
Contributor
Dickinson Wright PLLC

Dickinson Wright PLLC

Dickinson Wright is a full-service law firm with more than 550 lawyers, serving clients across the...

View firm profile
Explore more from Dickinson Wright PLLC

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application.

United StatesInsurance
Kimberly Ruppel
Kimberly Ruppel
Samantha A. Pattwell
Samantha A. Pattwell
James Lozier
James Lozier
Author LinkedIn connections

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. 1

In 2014, Heinz recalled baby cereal manufactured in China after Chinese authorities informed Heinz that it was contaminated with lead. Heinz filed a claim under its Starr Surplus Lines Insurance Company accidental contamination insurance policy, seeking indemnification for losses, and subsequently filed a lawsuit when Starr refused coverage. Starr counterclaimed, seeking to rescind the policy on the basis that Heinz failed to disclose or misrepresented material information in its application for coverage.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI Regulation In Insurance: A Crossroads

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.
United StatesInsurance
McDermott Will & Schulte
McDermott Will & Schulte
Article

Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin
United StatesInsurance
Alston & Bird LLP
Alston & Bird LLP
Article

Agents Of Change: Amendments To Washington State Insurance Regulations Take Effect October 18

Washington's Insurance Commissioner has announced significant amendments to insurance claims handling regulations that will reshape how insurers investigate and process claims in the state. The changes, effective October 2026, introduce new requirements for mitigation approvals, investigation standards, and claimant communications that could substantially impact insurer operations and liability exposure. These regulatory updates come in response to a surge in consumer complaints and litigation, establishing
United StatesInsurance
Ballard Spahr LLP
Ballard Spahr LLP
Article

Don’t Try To Deny It: Federal Court Holds FCA Settlement Is Covered By Insurance

A federal court ruled that CNA must provide coverage for Guidehouse's $7.6 million False Claims Act settlement related to cybersecurity failures in New York's Emergency Rental Assistance Program portal. The decision addresses critical questions about when insurers can deny coverage for FCA settlements under professional liability policies, particularly regarding exclusions for fines, penalties, and deliberate acts.
United StatesInsurance
Crowell & Moring LLP
Crowell & Moring LLP
Article

Massachusetts Appeals Court Affirms Chapter 93A Liability For Delayed Disability Insurance Benefits

The Massachusetts Appeals Court examined whether an insurer's two-year delay in paying disability benefits constituted a violation of state consumer protection and insurance laws. Despite medical evidence describing the plaintiff's feet as paralyzed and functionally useless, the insurer repeatedly denied claims under a policy provision for total loss of use of both feet, arguing the plaintiff could still walk with assistive devices.
United StatesInsurance
Greenberg Traurig
Greenberg Traurig
Article

Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.
United StatesInsurance
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Podcast

The CLO Chronicles — NAIC’s New Life RBC Factors Cross The Finish Line (Podcast)

The NAIC has spent four years overhauling capital requirements for life insurance companies' investments in collateralized loan obligations, introducing dramatic changes that will reshape how insurers allocate capital across their investment portfolios. These new rules, which account for credit spectrum positioning and tranche thickness for the first time, will force insurers to model significant impacts before year-end 2026 implementation.
United StatesInsurance
Mayer Brown
Mayer Brown
Article

The Boss Is Watching. Now The Law Is Watching The Boss

California has established the first comprehensive regulations governing AI-powered employee monitoring, creating a new legal framework that extends from hiring through termination. As other states follow suit with their own monitoring restrictions, companies face a complex patchwork of requirements covering everything from bathroom surveillance to emotion detection, with significant enforcement mechanisms and liability risks attached to each jurisdiction's unique approach.
United StatesEmployment and HR
Dickinson Wright PLLC
Dickinson Wright PLLC
Article

The Hidden Immigration Risks Of Automatic Voter Registration

Foreign nationals visiting the DMV may unknowingly register to vote through automatic voter registration systems, creating serious immigration consequences years later during green card or citizenship applications. With expanded federal verification programs and stricter USCIS enforcement, employment-based immigrants and their families must understand how routine driver's license transactions can jeopardize their immigration status.
United StatesImmigration
Dickinson Wright PLLC
Dickinson Wright PLLC
Article

The FCC Reaches Deeper Into The Grid – And The Warehouse

The Federal Communications Commission has added foreign-produced power inverters and advanced robotic devices to its Covered List under national security determinations, immediately barring new equipment authorizations and creating compliance deadlines for manufacturers. Companies must now evaluate whether their products qualify as domestic end products under Federal Acquisition Regulation standards or pursue conditional approval pathways by January 1, 2028.
United StatesGovernment, Public Sector
Dickinson Wright PLLC
Dickinson Wright PLLC
Article

The State Of AI Regulation In Healthcare: Still Complicated

As artificial intelligence tools become embedded in clinical care, diagnostics, and health insurance operations, healthcare organizations must navigate an evolving patchwork of federal oversight and state-specific AI regulations. With 21 states having enacted 33 healthcare-AI laws by the end of 2025 and 177 pending bills across 31 states in 2026, the regulatory landscape remains fragmented while federal agencies work to establish comprehensive standards. Understanding these overlapping requirements is criti
United StatesFood, Drugs, Healthcare, Life Sciences
Dickinson Wright PLLC
Dickinson Wright PLLC
Article

The EPR Effect: Why Recycling Modernization Laws Are Setting The Stage For Exits And Acquisitions

M&A activity in the waste and recycling sector is accelerating in 2025, driven by strong buyer demand, Extended Producer Responsibility laws, and billions in producer-funded investments. With public companies deploying record capital and private equity actively pursuing acquisitions, industry leaders are positioning to capitalize on recycling modernization laws that are reshaping the competitive landscape.
United StatesCorporate/Commercial Law
Dickinson Wright PLLC
Dickinson Wright PLLC