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Landshire Fast Foods of Milwaukee, Inc. v. Employers Mutual Casualty Co.

WISCTAPPJanuary 28, 2004No. 03-0896Cited 8 times
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Case Details

Judge(s)
Anderson, Brown, Snyder
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment

Related Laws

No specific laws identified for this ruling.

Outcome

The court affirmed summary judgment for the insurance company, holding that the pollution exclusion in the commercial property insurance policy clearly excludes coverage for losses caused by bacterial contamination (Listeria monocytogenes), and therefore the insured food company's claims for loss of income, product loss, and related expenses were not covered.

What This Ruling Means

**Insurance Coverage Denied for Food Contamination at Fast Food Company** This case involved Landshire Fast Foods, a Milwaukee restaurant company, and their insurance provider, Employers Mutual Casualty Company. Landshire's food became contaminated with harmful bacteria called Listeria, which forced them to throw away products and lose business income. The company filed an insurance claim to recover these losses under their commercial property insurance policy. The court ruled in favor of the insurance company and denied coverage. The judge found that the insurance policy contained a "pollution exclusion" clause that clearly stated contamination by bacteria would not be covered. Since Listeria is considered a biological pollutant, Landshire could not recover money for their lost income, wasted products, or cleanup expenses through their insurance. **Why This Matters for Workers:** When food businesses face contamination issues, they often suffer significant financial losses that can lead to layoffs, reduced hours, or even business closure. This ruling shows that some insurance policies may not cover these situations, potentially leaving companies unable to maintain normal operations or keep workers employed during contamination crises. Workers at food-related businesses should be aware that their job security could be at risk if their employer lacks adequate insurance coverage for such incidents.

This summary was generated to explain the ruling in plain English and is not legal advice.

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