No Coverage For Shareholder Suit Arising Out Of Listeria Contamination In Ice Cream

(July 13, 2023, 10:11 AM EDT) -- NEW ORLEANS — Insurers owe no coverage for a shareholder’s derivative suit filed against an ice cream manufacturer following the discovery of Listeria contamination in the insured’s ice cream products because the underlying shareholder suit fails to allege an occurrence and does not seek damages caused by bodily injury as required for coverage to exist, the Fifth Circuit U.S. Court of Appeal said in affirming a district court’s ruling....