Insurance Coverage for Food Contamination and Recall Claims Under CGL, Property, and Contamination Policies

Mr. Garrett is Co-Chair of the firm’s national litigation practice. His practice focuses on insurance recovery with an emphasis on the representation of food industry policyholders. Mr. Garrett’s trial experience has taken him all over the U.S. to try cases in state and federal courts and mediate/arbitrate disputes on behalf of corporations and trade associations. He specializes in advising food companies on their liability insurance programs (including GL, D&O, E&O, excess, umbrella and specialized recall policies, such as product contamination insurance) and first-party property policies, including open marine/cargo insurance. In such matters, Mr. Garrett provides advice on the appropriate insurance coverage and the rights of policyholders in the event of a loss and in disputes with their insurance carriers. He also provides advice on appropriate risk transfer mechanisms (insurance and indemnity) in commercial transactions.

Mr. Kluting, Esq., Gallagher’s national director of Product Recall (Food & Agribusiness practice), is an experienced corporate attorney and food industry executive focused exclusively on advising clients in the food and beverage industry, including restaurant and grocery chains. Using his experience as a “food lawyer,” certified HACCP manager and industry executive, he acts as a risk consultant to Gallagher’s food industry clients and restaurant chain operators, helping them better assess and manage their product contamination and recall exposure; navigate food safety incidents, government enforcement actions and product recalls; evaluate, design, negotiate and place product contamination/product recall insurance; and report to corporate boards regarding company food safety risks. Mr. Kluting spent more than 13 years as a member of a large, full-service law firm, many as a partner and co-chair of the firm’s food industry practice. He focused on serving FDA- and USDA-regulated companies, advising them on the impact of food laws and regulations, crisis preparation and management, M&A and risk management. More recently, Mr. Kluting worked as chief strategy officer for a family-owned food wholesaler and retailer.