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Using Insurance Coverage to Protect Against Food Industry Risks

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Produced on May 15, 2017

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Course Information

Time 1h 31m
Difficulty Intermediate
Topics covered in this course: Litigation Food, Beverage, & Agriculture

Course Description

The food industry is awash in product contamination claims. This results from several factors – new FDA rules and increased enforcement, greater public perception of the dangers of food contamination, and the targeting of the food industry by the plaintiffs’ bar. Insurance is a chief way that food companies can protect themselves.  

However, a company must know what risks can be externalized through insurance and which cannot. It must understand the different types of insurance policies in the marketplace, and the different coverages that they offer. Finally, a company must understand how to properly pursue an insurance claim and recover under its insurance policy.

This seminar, presented by Anderson Kill attorneys Robert Chesler and Steven Pudell, Wilson Elser attorney Katherine Tammaro, and Marsh & McLennan Agency Risk Management Consultant Marc D. Schein, will explore the workings of liability, property, and product contamination insurance policies, the different risks that they cover, and the coverage defenses that each one may have.

Learning Objectives: 

  1. Understand the protection that different insurance policies offer
  2. Navigate through the intricacies of the claim process
  3. Discuss the essentials of your insurance program
  4. Comprehend key issues of insurance
  5. Review the case law affecting food liability claims

Credit Information

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Steven Pudell

Anderson Kill P.C.

Steven J. Pudell has been the managing shareholder in Anderson Kill's Newark office since 2008. Mr. Pudell's practice concentrates on insurance recovery, exclusively on behalf of policyholders, as well as on commercial litigation.

Mr. Pudell is a member of Anderson Kill's Insurance Recovery group and Cyber Insurance Recovery group.

He has represented food industry companies, chemical manufacturers, pharmaceutical companies and real estate developers in insurance recovery matters.

Since 2011, Mr. Pudell has been recognized by Chambers USA as one of New Jersey's top insurance recovery lawyers, which noted that clients admired his "creative efforts" and his "willingness to put the effort into getting the work done on time." Since 2013, he has been selected by his peers for inclusion in Best Lawyers in America for Insurance Law.

After graduating from the University of Pennsylvania Law School in 1995, he clerked for the Honorable David Landau in the New Jersey Superior Court, Appellate Division.

He is the Co-Chair of the ADR/Settlement Subcommittee of the American Bar Association, Litigation Committee (2012-Present). He has also served on the New Jersey Supreme Court Model Civil Jury Charge Committee (2009-2014) and was a member of the Risk/Safety Commission of the Associated General Contractors of America (2009-2013).

In addition, Mr. Pudell is actively involved in civic and philanthropic activities and is currently serving as president of the Teaneck Baseball Organization (since 2013) and was a member of the Board of Trustees of his local synagogue.

Mr. Pudell frequently writes and speaks about insurance coverage matters.

Robert Chesler

Anderson Kill P.C.

Robert D. Chesler is a shareholder in Anderson Kill's Newark office. Mr. Chesler represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Mr. Chesler is also a member of Anderson Kill's Cyber Insurance Recovery group.

A leading participant in the birth of modern insurance law in the early 1980s, Mr. Chesler has earned the reputation as "The Insurance Guru" for exceptional insurance coverage knowledge, and has emerged as a leader in such new areas of insurance coverage as cyber-Insurance, D&O, IP, privacy and "green" insurance.

Mr. Chesler has served as the attorney of record in more than 30 reported insurance decisions, representing clients including General Electric, Ingersoll-Rand, Westinghouse, Schering, Chrysler, and Unilever, as well as many small businesses including gas stations and dry cleaners. He has received numerous professional accolades, including a top-tier ranking for Insurance Litigation: New Jersey in Chambers USA: American's Leading Lawyers for Business, which dubs him a "top-notch attorney" and "dominant force in coverage disputes." He is also listed in The Legal 500, The Best Lawyers in America, Super Lawyers and Who's Who Legal in the Insurance and Reinsurance section of the publication.

Mr. Chesler is a relentless advocate for his clients in their efforts to obtain coverage from their insurance companies. He has strength in creatively analyzing complex insurance coverage disputes and rapidly driving towards resolution. He has spent his entire career obtaining settlements from insurance companies. He can speak " insurancese" as well as the insurers, and knows how to approach insurance companies, when to talk to them and when to litigate. His depth of experience enables him to distinguish a bad insurance claim from a good one, and understand and implement best strategies for obtaining money for his clients quickly and cost-effectively.

Mr. Chesler taught history at the State University of New York at Purchase and Legal Methods at Harvard University. He currently teaches insurance law at Rutgers Law School. He holds a Ph.D. in history from Princeton University and maintains a scholarly interest in insurance. He is co-author of the seminal article Patterns of Judicial Interpretation of Insurance Coverage for Hazardous Waste Site Liability, 18 Rutgers L.J. 9 (1986), which has been cited by numerous courts, including seven state supreme courts and the Second Circuit, along with dozens of other articles on insurance issues. He is co-author of Insurance Coverage for Intellectual Property and Cyber Insurance Claims, published by Thomas West, and is former co-editor in chief of the Environmental Claims Journal. Mr. Chesler is also co-editor of Coverage, the ABA Insurance Journal. He has chaired seminars on the new cyber-policies and food insurance issues for the ABA and NJSBA, and is currently Chair of the Insurance Sub-Committee of the American Intellectual Property Law Association.

Katherine Tammaro

Wilson Elser Moskowitz Edelman & Dicker LLP

Katherine Tammaro has nearly 25 years of experience representing insurance companies in complex coverage matters throughout the country, including professional liability; specialty lines, including media-specific policies; D&O and EPLI; environmental; advertising; personal injury; product liability, including asbestos and chemical exposures; and construction defect cases. She also handles numerous claims of bad faith and improper claims handling.

Kate has authored numerous articles on insurance coverage topics, including analysis of the pollution exclusions; allocation of defense and indemnity costs; advertising and personal injury claims handling practices; additional insured and contractual indemnification issues; targeted tender and occurrence concerns; discovery and technology topics such as discovery of electronic data and privilege in general and in bad faith cases; professional liability policies, including claims made, coverage for mold under liability and property policies; construction defects under liability and property policies, including OCIPs; and homeowners and auto claims issues. She has spoken at numerous ACI, PLRB, DRI and Mealey’s conferences throughout the country on these topics. 

Marc D. Schein

Marsh & McLennan Agency

Marc D. Schein, CIC, CLCS is a Risk Management Consultant at Marsh & McLennan Agency. He assists clients by customizing comprehensive commercial insurance programs that minimize or eliminates the burden of financial loss through cost effective transfer of risk. By conducting a Total Cost of Risk (TCoR) assessment, he can determine any gaps in coverage. As part of an effective risk management insurance team, Marc collaborates with senior risk consultants, certified insurance counselors, and expert underwriters to examine the adequacy of existing client programs and develop customized solutions to transfer risk, improve coverage and minimize premiums.

Marc is a seasoned professional with experience working in multiple industries, including Food Services, Manufacturers and Distributors, Accounting and Law, Non-Profit, Real Estate, among others. His risk management experience includes: Cyber Security, Auto, Property, Valuable Items, Employment Practices Liability, Errors & Omissions, Group Umbrella, and Workers Compensation.

In 2011, Marc achieved his Commercial Lines Coverage Specialist (CLCS) designation. In 2014, he received his Certified Insurance Counselor (CIC) designation, and was appointed to the Ponemon Institute’s RIM Council (the pre-eminent research center dedicated to data protection, privacy and information security). In 2015, he was asked to join the Claims & Litigation Management Alliance's Cyber Committee. A sought after speaker and panelist on Data Breaches and Cyber Security, Marc has spoken before members of Congress and leaders in the Aviation Industry on Capitol Hill regarding the issues and costs of cyber breaches, and how to properly transfer risk to insure that an organization or business is properly protected from what might otherwise be financially devastating recovery costs. He is also a co-founding member of Clean Machine Charity and Founder of a Nassau County-based networking group. He also maintains membership in BNI International. A graduate of SUNY Oneonta, Marc was a Business Economics Major and Communications Minor who made Dean's List.


Jacob L.


Deborah Z.

Helpful that presentation included data breaches


very good presentation

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