WHO IS TO BLAME?

This week I posted a blog about the Salmonella peanut butter issues. I asked the question “Who is to blame?” The Health dept? Cleaning crew? Workers? Apparently – the insurance company who supposedly insures the Peanut Company who made the product, is asking a local federal court to say whether they have to pay for the salmonella claims.

Now – I know that sounds strange, but think hurrican Katrina. Insurance companies said – “we didn’t insure you for flood damage, so, sorry, but we aren’t paying.” Hartford insurance is now claiming “sorry, we don’t insure you for salmonella, you are on your own.”

This makes the entire situation more complicated. Two families have filed wrongful death suits related to the salmonella – what if the insurance company doesn’t have to pay? Think the Lynchburg VA company has $1,000,000 in cash laying around for a rainy day lawsuit? NO – they have insurance.

So this may mean the families with legitimate claims, cannot recorver. Afterall, you can’t get blood out of a turnip, or money out of a company with no assets.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.