Representative Matter

North American packaged foods company

Representation of a North American packaged foods company in a four-day trial in Delaware state court. The case sought insurance coverage for the indemnity payments and defense costs client incurred as a result of a recall. The lead excess insurer for client denied any obligation to cover client's indemnity payments. The jury took less than an hour to return a verdict in client's favor on the coverage issue worth more than $37 million. In addition, the verdict will allow client to submit additional defense costs it incurs related to the underlying products cases to insurer for payment and to pursue additional sums from excess liability carriers above insurer, whose policies follow form.