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LJP prevails before 8th Circuit in "mad cow" insurance coverage case.

LJP's litigation team recently won a major victory before the 8th Circuit Court of Appeals in a contentious battle over the question whether, under a first-party commercial property insurance policy, suspected mad cow contamination of beef constituted "direct physical loss." LJP prevailed before the District Court on summary judgment, but the 8th Circuit initially reversed. On LJP's subsequent petition for panel rehearing, the Court of Appeals reversed its earlier opinion, finding that mere suspected contamination of insured property, without some proof of tangible physical loss or damage to property, does not qualify as "direct physical loss" under Minnesota law. For more information on this case, please see: Source Food Technology, Inc. v. USF&G, 465 F. 3d 834 (8th Cir. 2006).


 

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