Insurers Dispute Coverage for Food-Related Injury

Seeking a declaration about respective indemnity obligations, National Union Fire Insurance Co. of Pittsburgh, Pa. has filed a complaint in a California federal court against several other insurance companies in a dispute stemming from a neurological injury allegedly caused by the mahi-mahi fish served in a fish burrito at a Rubio’s Restaurant. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Nationwide Mut. Fire Ins. Co., No. 11-00755 (S.D. Cal., filed April 11, 2011). The injured consumer apparently seeks damages in excess of $7 million. The insurance defendants are allegedly defending the fish supplier and restaurant in the personal-injury action, and National Union claims that its policy provides excess insurance only and that the other carriers have a duty to indemnify the insureds first.