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

2025-12-11 13:00:00

1.5 hours

2025-12-11 13:00:00

1.5 Credits

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

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

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how five key insurance policies—CGL, property, marine cargo, D&O, and product contamination insurance—respond to food contamination and recall incidents.

What will you gain

Attorneys will gain practical strategies for coverage placement, claims recovery, and navigating complex multi-policy claims involving food safety incidents.

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

What will you learn

Attorneys will learn how five key insurance policies—CGL, property, marine cargo, D&O, and product contamination insurance—respond to food contamination and recall incidents.

What will you gain

Attorneys will gain practical strategies for coverage placement, claims recovery, and navigating complex multi-policy claims involving food safety incidents.

Agenda

Session 1

Commercial General Liability Coverage for Food Contamination Claims

Session 2

First-Party Property Insurance and Physical Loss Requirements

Session 3

Product Contamination Insurance Triggers and Reimbursable Losses

Session 4

Directors and Officers Coverage for Criminal Liability

Session 5

Mid-Presentation Break for Attendee Refreshment

Session 6

Policy Conditions, Exclusions, and Coverage Considerations

Session 7

Navigating the Claims Process and Recovery Obstacles

clock 1:00 pm - 1:15 pm EST

Commercial General Liability Coverage for Food Contamination Claims

Steve Kluting

Arthur J. Gallagher & Co.

Arthur (Art) Garrett

Keller and Heckman LLP

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 Kluting

Arthur J. Gallagher & Co.

Arthur (Art) Garrett

Keller and Heckman LLP

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.

01 07
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Steve Kluting

Arthur J. Gallagher & Co.

Arthur (Art) Garrett

Keller and Heckman LLP

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.

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

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.

Plans

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$95 – $245
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Price varies based
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Access type Pay per
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Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Understanding food contamination insurance coverage is essential for legal practitioners because recall incidents can devastate businesses through massive financial losses, regulatory penalties, and complex multi-policy claims requiring specialized expertise.
$75B
Annual economic cost of foodborne illness in the United States according to USDA Economic Research Service estimates.
48M
Americans get sick from foodborne illness each year, with 128,000 hospitalizations and 3,000 deaths annually.
$10M
Average direct cost per food recall event to companies, excluding indirect costs like litigation and brand damage.
296
Total food recall announcements in the United States in 2024 from FDA and USDA combined.

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