"3 Takeaways Squeezed Out of Juicer's Insurance Battle" – Hunton Attorneys Discuss Insurance Coverage for Prop. 65 Claims and Key Takeaways from Recent Set of Washington District Court Rulings.
Time 1 Minute Read

In an article published in Law360, Hunton & Williams LLP partners Walter Andrews, Malcolm Weiss, and Paul Moura discuss two recent decisions in Tree Top Inc. v. Starr Indem. & Liab. Co., No. 1:15-CV-03155-SMJ, 2017 WL 5664718 (E.D. Wash. Nov. 21, 2017).  There, the Eastern District of Washington rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice-maker Tree Top Inc.

Tree Top's insurer, Starr Indemnity and Liability Co., had argued that the Prop. 65 claims were not "first made" when the lawsuit was filed against Tree Top, but instead were "first made" over a year earlier when the Environmental Law Foundation sent a notice threatening a lawsuit under Prop. 65. According to Starr, since the claims were "first made" prior to the applicable insurance policy period, there was no coverage for the subsequent lawsuit. The district court rejected that view, holding that the ELF's Prop. 65 notice did not qualify as a "claim" that must be reported to the insurer. The article explains that the Tree Top case offers at least three key lessons for companies and retailers seeking insurance coverage for claims brought under Prop. 65 and similar laws.  Readers can access the full article here.

You May Also Be Interested In

Time 1 Minute Read

As reported on the Hunton Employment & Labor Perspectives blog, SB 574 is a California bill that would set specific duties for attorneys who use generative artificial intelligence and would restrict how arbitrators may use such tools in decision-making.

Time 1 Minute Read

The California Consumer Privacy Act continues to drive significant enforcement activity—particularly when minors’ data is involved. In a recent action, the California Privacy Protection Agency imposed a $1.1 million fine on youth sports platform PlayOn Sports for alleged violations involving student data and inadequate opt-out mechanisms. The case highlights growing regulatory scrutiny around how companies collect, share, and provide transparency about personal information—especially when schools and students are involved. 

Time 2 Minute Read

On March 3, 2026, the CalPrivacy announced its first enforcement action involving student privacy, requiring PlayOn Sports to pay a $1.10 million fine for alleged violations of the CCPA’s opt-out rights and requirements.

Time 4 Minute Read

Colleges and universities have long sat at the crossroads of freedom of expression and societal change. As campus activism surges, they face growing pressure to protect their institutional missions while upholding students’ individual rights in an era of heightened scrutiny.

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page