Bradley Nash Quoted in Law360 on Insurance Coverage Fights Following Cyclospora Outbreak

HNRK insurance recovery partner Bradley Nash was quoted in Law360 on the coverage issues raised by the cyclospora outbreak linked to recalled iceberg lettuce. He explained that the outbreak could trigger business interruption coverage in a way many COVID-19 claims could not: “Here, it’s a pathogen that is physically present in the product, which is to say in the lettuce, and potentially also causing contamination in equipment and machinery,” he said. “I think that ‘tangible’ piece is a little more clearly established, just as a factual matter, in this context.” Brad also addressed how courts may determine the number of “occurrences” a multistate outbreak represents under CGL policies, noting that even the majority standard leaves room for dispute: “If the outbreak [is] on a certain farm, if the CDC and FDA are able to trace it to there, is that the one cause, or are there multiple causes as that contaminated lettuce arrives in different locations?” Read Brad's full thought here.