Blue Buffalo class action overview:
- Who: Nationwide Agribusiness Insurance Co. filed a lawsuit against Blue Buffalo Co. Ltd. and Hartford Accident & Indemnity Co.
- Why: Nationwide seeks a declaration over who must pay defense costs related to a lawsuit alleging Blue Buffalo dog food caused heart problems in pets.
- Where: The lawsuit was filed in Connecticut federal court.
Nationwide Agribusiness Insurance Co. filed a lawsuit seeking a declaratory judgment over which insurers must pay the defense costs associated with a class action lawsuit accusing Blue Buffalo of misleading consumers about the safety of its dog food.
According to the complaint, the dispute centers on an underlying class action lawsuit filed by Ryan Walsh and Diana Walsh against Blue Buffalo. The plaintiffs in that case allege the company engaged in deceptive marketing practices by promoting its dog food as healthy and safe while allegedly failing to disclose potential links to heart-related health problems in pets.
The underlying lawsuit claims Blue Buffalo marketed and sold dog food products while failing to warn consumers that certain ingredients could increase the risk of adverse cardiac conditions in dogs, including dilated cardiomyopathy.
The class action lawsuit seeks to represent consumers who purchased Blue Buffalo dog food beginning in January 2022 through preliminary approval of a class action settlement or judgment.
Plaintiffs claim they suffered financial losses as a result of purchasing the products and may also have incurred additional expenses, including veterinary bills, prescription medications for pets and the cost of replacing dog food.
Insurance companies dispute responsibility for defense costs
Nationwide’s lawsuit does not directly address the merits of the dog food allegations but instead focuses on who should bear the costs of defending Blue Buffalo in the class action case.
According to Nationwide, Blue Buffalo was insured under several policies issued by Nationwide and Hartford between 2016 and 2018.
Nationwide claims it agreed to defend Blue Buffalo in the underlying lawsuit but did so subject to a reservation of rights, arguing that some of the alleged injuries may have occurred outside the coverage periods of its policies.
Nationwide is asking the court to determine that Blue Buffalo and Hartford are responsible for their proportional share of the legal defense costs related to the underlying class action lawsuit.
The insurer also seeks reimbursement for attorney’s fees and other defense costs it claims should be paid by the other parties.
In another class action involving a pet food company, Mars Petcare US Inc. faces allegations that its Pedigree dog food contained excessive levels of vitamin D, reportedly up to four times the maximum limit.
What do you think of Nationwide’s claims in this Blue Buffalo class action lawsuit? Let us know in the comments.
The Blue Buffalo dog food class action lawsuit referenced in the dispute is Walsh, et al. v. Blue Buffalo Co. Ltd., Case No. 1:25-cv-05808, in the U.S. District Court for the Northern District of Illinois.
The Nationwide insurance coverage lawsuit is Nationwide Agribusiness Insurance Company v. Blue Buffalo Co. Ltd., et al., Case No. 3:26-cv-00328, in the U.S. District Court for the District of Connecticut.
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