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ARTICLE · 19 APRIL 2012

Food Products Coverage: The Communicable Disease Exclusion Lacks Bite

While the quality of the United States' food supply continues to be exceptionally reliable, problems do occasionally arise.

United StatesInsurance
Kevin Dreher
Kevin Dreher

State and federal courts reject efforts to categorize salmonella as a "communicable disease."

While the quality of the United States' food supply continues to be exceptionally reliable, problems do occasionally arise. Contamination by food-borne bacteria is a threat that is well known to the industry, and salmonella contamination is one example that has made recent headlines. Companies implement a wide variety of quality control and sterilization protocols in an effort to prevent contamination events from occurring. At the same time, those businesses purchase insurance as protection against outbreak-related losses.

As the cost of food-borne bacteria–related losses continues to rise, insurance coverage litigation is becoming more common. Morgan Lewis is on the front line of this fight and is successfully defending our clients' rights to the full benefit of their insurance policies. We recently defended against an insurer's attempt to use a "Communicable

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