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Insurance Coverage for Food Contamination and Recalls Incidents (Presented by HospitalityLawyer.com®)

Insurance coverage strategies for food contamination and recall incidents, examining CGL, property, D&O, and product contamination policies.

2025-12-11 13:00:00

1.5 hours

2025-12-11 13:00:00

1.5 hours

Program Details

2025-12-11 13:00:00

Program Details

2025-12-11 13:00:00

Over 1,000+ webinars

2025-12-11 13:00:00

1.5 hours

Course Overview

Navigating Food Contamination Insurance Coverage

2025-12-11 13:00:00

Participants will learn how five key insurance policies respond to food contamination and recall incidents. Gain strategies for successful claims recovery and coverage placement.

Format

CLE Credit

1.5h CLE Credits

Level

Intermediate

Length

1.5

Key topics that will be covered

01
Coverage Triggers
Product contamination insurance triggers include accidental contamination, malicious tampering, adverse publicity, and government recall.
02
CGL Coverage
CGL policies cover bodily injury from contamination and property damage when ingredients are inextricably intertwined.
03
Criminal Liability
D&O insurance covers defense costs when DOJ investigates food safety violations under strict liability theories.
04
Reimbursable Losses
Policies reimburse crisis response, recall execution, lost profits, and brand rehabilitation expenses.
05
Restaurant Coverage
Specialized restaurant recovery insurance covers foodborne illness, contaminated supplies, and franchise brand protection.
06
Claims Process
Engage crisis management early, document regulatory discussions, and hire forensic accountants to substantiate losses.

Program schedule

clock 1:00 pm - 1:15 pm EST

Commercial General Liability Coverage for Food Contamination Claims

This session explores how CGL policies respond to third-party claims arising from contaminated ingredients and bodily injury. Attendees will learn about the ‘inextricably intertwined’ standard for property damage and key exclusions including recall expenses and the fungus/bacteria exclusion.

Steve KlutingSteve Kluting
Arthur (Art) GarrettArthur (Art) Garrett
clock 1:15 pm - 1:30 pm EST

First-Party Property Insurance and Physical Loss Requirements

This session examines how property policies cover contaminated stock and inventory requiring direct physical loss. Participants will understand contamination exclusions and how marine cargo coverage applies to products in transit.

clock 1:30 pm - 1:45 pm EST

Product Contamination Insurance Triggers and Reimbursable Losses

This session covers the primary coverage triggers including accidental contamination, malicious contamination, adverse publicity, and government recall. Attendees will learn about reimbursable losses spanning crisis response, recall execution costs, lost profits, and third-party recovery.

clock 1:45 pm - 2:00 pm EST

Directors and Officers Coverage for Criminal Liability

This session addresses D&O insurance relevance when DOJ and FDA pursue criminal investigations following contamination incidents. Participants will examine coverage for defense costs, the strict liability theory, and notable enforcement cases including Blue Bell and Chipotle.

clock 2:00 pm - 2:10 pm EST

Mid-Presentation Break for Attendee Refreshment

A brief intermission allowing attendees to refresh before the final sessions. Use this time to review notes and prepare questions for the remaining material.

clock 2:10 pm - 2:25 pm EST

Policy Conditions, Exclusions, and Coverage Considerations

This session details critical policy conditions including M&A notification requirements, duty to mitigate, and other insurance provisions. Attendees will examine notable exclusions and practical tips for coverage placement including co-packer coverage and indemnity period alignment.

clock 2:25 pm - 2:40 pm EST

Navigating the Claims Process and Recovery Obstacles

This session covers claims process essentials including notice provisions, limit management, and loss substantiation requirements. Participants will learn about common recovery obstacles, subrogation considerations, and strategies for managing complex multi-policy claims.

Steve Kluting

Steve Kluting

Arthur J. Gallagher & Co.

Arthur (Art) Garrett

Arthur (Art) Garrett

Keller and Heckman LLP

Steve Kluting

Steve Kluting

Arthur J. Gallagher & Co.

Experienced corporate attorney and food industry executive serving as Gallagher’s national director of Product Recall (Food & Beverage practice), focused exclusively on advising clients in the food and beverage industry including restaurant operators and grocery chains on product contamination, recall exposure, food safety incidents, and risk management.

Education & Credentials

Certified HACCP manager

Experience

Spent more than 13 years as a member of a large, full-service MI-based law firm, many as a partner and co-chair of the firm's food industry practice, focusing on serving FDA- and USDA-regulated companies on food laws, crisis preparation and management, M&A and risk management. Worked as chief strategy officer for a family-owned food wholesaler and retailer. Has been a food-focused Product Recall insurance broker for Gallagher since 2014.
Arthur (Art) Garrett

Arthur (Art) Garrett

Keller and Heckman LLP

General Counsel and co-chair of Keller and Heckman’s national litigation practice, advising clients on insurance recovery with an emphasis on the representation of food industry policyholders in and out of court.

Experience

Specializes in advising food companies on liability insurance programs including GL, D&O, E&O, Excess/Umbrella, first-party property, and specialized insurance policies such as product contamination insurance and marine/cargo insurance. Provides advice on appropriate insurance coverage and policyholder rights in disputes with insurance carriers. Coordinates defense and coverage by contributing carriers to maximize insurance recovery after incidents. Extensive litigation experience litigating cases in state and federal courts around the United States and arbitrating disputes on behalf of corporate and trade association clients.
Steve Kluting

Steve Kluting

Arthur J. Gallagher & Co.

Experienced corporate attorney and food industry executive serving as Gallagher’s national director of Product Recall (Food & Beverage practice), focused exclusively on advising clients in the food and beverage industry including restaurant operators and grocery chains on product contamination, recall exposure, food safety incidents, and risk management.

Education & Credentials

Certified HACCP manager

Experience

Spent more than 13 years as a member of a large, full-service MI-based law firm, many as a partner and co-chair of the firm's food industry practice, focusing on serving FDA- and USDA-regulated companies on food laws, crisis preparation and management, M&A and risk management. Worked as chief strategy officer for a family-owned food wholesaler and retailer. Has been a food-focused Product Recall insurance broker for Gallagher since 2014.
Arthur (Art) Garrett

Arthur (Art) Garrett

Keller and Heckman LLP

General Counsel and co-chair of Keller and Heckman’s national litigation practice, advising clients on insurance recovery with an emphasis on the representation of food industry policyholders in and out of court.

Experience

Specializes in advising food companies on liability insurance programs including GL, D&O, E&O, Excess/Umbrella, first-party property, and specialized insurance policies such as product contamination insurance and marine/cargo insurance. Provides advice on appropriate insurance coverage and policyholder rights in disputes with insurance carriers. Coordinates defense and coverage by contributing carriers to maximize insurance recovery after incidents. Extensive litigation experience litigating cases in state and federal courts around the United States and arbitrating disputes on behalf of corporate and trade association clients.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO1.5
CT1.5
DC1.5
DE1.5
FL1.5
GA1.5
HI1.5
IA1.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA1.5
MD1.5
ME1.5
MI1.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.8
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI2.0
SC1.5
SD1.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI1.5
WV1.8
WY1.5

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
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Hawaii
Approved
Idaho
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Illinois
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Indiana
Approved
Iowa
Pending
Kansas
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Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Pending
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs