Hunton Insurance Recovery Blog

In a recent Law360 expert analysis, titled “Considering Disclosure Risks In Sensitive Product Recalls,” Hunton Andrews Kurth insurance lawyers Syed S. Ahmad and Geoffrey B. Fehling discuss the disclosure risks companies face in pursuing insurance coverage for losses arising from product recalls that involve potentially sensitive communications with the Food and Drug Administration or other government agencies. The authors focus on a recent New York opinion, which denied a pharmaceutical company’s motion to seal status reports between the company and the FDA, and present several key takeaways for companies facing recall exposure to consider, including what actions those companies can take during and after the recall to best position the company in litigation. A copy of the article can be found here.