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In this case, the insurer (Continental Casualty Company) seeks a declaration regarding its duty to defend and indemnify the insured (Greater Omaha Packing Company) in a lawsuit filed against the insured. This case is Continental Cas. Co. v. Greater Omaha Packing Co., Inc., No. 8:14-CV-194, 2015 WL 3852772 (D. Neb. June 22, 2015).

Greater Omaha Packing Company, GOPAC, is a Nebraska corporation and supplier of raw beef. GOPAC was insured by Continental under a commercial umbrella policy. In 2009, GOPAC was implicated in an E. coli outbreak and named in multiple tort lawsuits. Fairbank Farms was a processor and seller of ground beef and had received the beef from GOPAC. After Fairbank Farms was sued over the contaminated beef, it filed a lawsuit against GOPAC for breach of contract, breach of express warranty, and breach of the implied warranties of merchantability and fitness for a particular purpose. Fairbank sought damages based on lost profits, lost enterprise value, and recall-related attorney fees, costs, and expenses. GOPAC sought coverage from Continental.

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