Article ID: 0c58151a998d8fc03a76a8d206565a800ab31ecdd9a8fd42da9aa1490cd15c79
Source ID: secondary:businessinsurance.com
Published At: -
Extraction Method: bs4_heuristic
URL: https://www.businessinsurance.com/and-or-wording-sinks-bid-to-escape-listeria-outbreak-coverage/
Body Text
‘And/or’ wording sinks bid to escape listeria outbreak coverage - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers ‘And/or’ wording sinks bid to escape listeria outbreak coverage by Richard Sine Coverage Disputes Sep 21, 2026 A unit of Nationwide must continue covering a meat producer facing multiple lawsuits over a listeria outbreak, after a federal judge found its policy’s use of the phrase “and/or” made it too unclear to apply. In 2024, USDA inspectors found listeria contamination at Bruce Packing’s plant in Oklahoma, prompting a recall of nearly 12 million pounds of meat and poultry shipped nationwide. Several lawsuits followed, alleging bodily injury and property damage from listeria exposure. In Scottsdale Insurance Company v. Bruce Packing Company, Inc. , insurer Scottsdale sought a declaration that it had no duty to defend or indemnify the company against the listeria claims. The insurer, which had issued Bruce Packing a commercial excess liability policy in 2024, pointed to a “Communicable Disease Exclusion” in the policy. The exclusion defined a communicable disease as “any infectious and/or contagious disease, including but not limited to, diseases caused by bacteria, fungi, protozoa, viruses, or any combination of the foregoing.” In a ruling Thursday in the U.S. District Court for the District of Oregon, the judge found that listeria qualifies as an infectious disease under standard dictionary definitions but not as a contagious one, since it spreads through contaminated food rather than person-to-person contact. That left the case turning on the phrase “and/or.” Scottsdale asserted “that the unambiguous, plain meaning of ‘and/or’ is ‘one or the other or both,’” but “Oregon courts are not inclined to resolve the ‘and/or’ predicament based on the term’s plain language,” the judge wrote. Instead, Oregon courts “view ‘and/or’” as an inherently ambiguous phrase,” which could mean both “and” and “or.” Read as “and,” the exclusion wouldn’t apply to a disease that’s infectious but not contagious; read as “or,” it would. The judge concluded neither reading could be ruled out. Under Oregon law, that ambiguity must be resolved against the insurer. The judge denied Scottsdale’s motion for partial summary judgment against Bruce Packing, which is known as BrucePac and based in Woodburn, Oregon. Related News A latte fuss over hiring September 21, 2026 Video supports comp award, undermines intentional-injury defense September 21, 2026 Colorado court limits reopening of disputed comp claims September 21, 2026 Colombian insurers face $1.4B in quake claims September 21, 2026 Supertanker shortage drives oil shipping costs September 21, 2026 Chinese owned reinsurer expands to Hong Kong, SE Asia September 21, 2026 Afreximbank, Zep-Re partner to strengthen African insurance expertise September 21, 2026 IAG moves to replace KPMG as auditor September 21, 2026 Polish insurers report 5% increase in profits September 21, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
Metadata (JSON)
{
"score": 13.3
}