Wednesday, February 4, 2009
Illustrating another angle in the complicated relationship between insurance and mass torts, the Hartford has filed a declaratory judgment action against the Peanut Corporation of America, presumably to avoid paying out on claims arising out of the spate of lawsuits we are about to see arising out of salmonella poisoning in peanut butter products. As Bill Marler points out in his blog, the complaint does not actually tell us what the Hartford's position is with respect to paying out on any salmonella related claims, but it is hard to imagine why an insurance company would take the trouble to file a declaratory judgment action unless it was trying to avoid payment. For more information, see the Marler Blog . You can download the suit from there.
The insurance issues in the Asbestos context are well studied - I imagine we're likely to see more fights with insurance in other mass tort contexts.