Foster Poultry Covered For Government-Mandated Shut Down
Time 1 Minute Read

As discussed in a February 1, 2016 posting, the court in Foster Poultry Farms v. Certain Underwriters at Lloyd’s, London, No. 14-cv-953, 2015 WL 5920289 (E.D. Cal. Oct. 9, 2015) held that losses associated with alleged noncompliance with federal sanitation regulations were covered by the “accidental contamination” and “government recall” provisions of a food contamination insurance policy. After a four-day bench trial, the court issued a decision awarding the insured, Foster Poultry Farms, $2.7 million for lost profits related to destroyed chicken, the loss of business from certain supermarket relationships, the cost associated with public relations work necessitated by the recall as well as other recall-related expenses and the loss of Foster’s customers. The court found, however, that loss associated with Foster’s voluntary shutdown, which occurred independent of the government-mandated shutdown, was not within the scope of coverage.

  • Partner

    Syed represents clients in connection with insurance coverage, reinsurance matters and other business litigation. Syed serves as the head of the firm’s insurance coverage practice. He has been admitted to the US Court of Appeals ...

You May Also Be Interested In

Time 5 Minute Read

Wildfires continue to present serious risks for California property owners. Unfortunately, commercial property owners, corporate facilities, landlords, and homeowners need to overcome not only the flames themselves, but also remediating hazardous contamination against a backdrop of unpredictable and ambiguous environmental safety standards. In response to the destructive Los Angeles area fires in 2025, the California Legislature recently introduced Assembly Bill 1642 aimed at creating uniform science-based standards for evaluating, testing, and clearing wildfire-impacted properties.

Time 7 Minute Read

The insurance claims process can be daunting even under the most ordinary circumstances; a catastrophic series of fires like Southern California is enduring has created extraordinary circumstances.

To help make the insurance part of the recovery process easier and answer some common policyholder questions, we’ve prepared the following guide for navigating the first steps after a wildfire:

Time 3 Minute Read

Los Angeles continues to be devastated by wildfires, and our thoughts are with those who have been affected. Tragically, lives have been lost. Homeowners and businesses ordered to evacuate have left behind properties that suffered enormous property damage and loss. At this time, more than 15,000 structures have been burned and counting. Landmarks, places of worship, schools and notable business are among the structures that have been damaged or destroyed. Recent estimates have pegged insured losses in the $20 billion to $30 billion range with some estimates coming in even higher.

Safety is the number one priority. At some point, though, the focus will shift as the fires seize and those affected rebuild and replace their property. There has already been much talk of insurance availability and maximizing insurance recoveries will be a key component of the recovery process. For those who will go through the insurance claims process, we have prepared critical action items to help policyholders navigate the claim process. We also invite you to visit our Wildfire Insurance Resource Center for additional helpful resources and materials, including a seven-part wildfire insurance coverage series that includes an overview on handling the claims process.

Time 5 Minute Read

With increasing frequency, companies are coming under fire for changes in customer loyalty programs, many of which occur without warning or recourse. Whether it is a persistent devaluation of miles or points, arbitrary expiration dates or some other perceived loss of value, customers and regulators are becoming increasingly discontent with programs that are touted as an added value to repeat customers.

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page