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On September 16, 2019, an action (the “PA Action”) was filed in the Court of Common Pleas of Philadelphia County, Trial Division, against, among others, the Company and its wholly-owned subsidiaries, Innovative Gourmet LLC and Food Innovations, Inc.
+Added: Since that time, other parties involved in the incident have joined as plaintiffs in the PA Action.
The complaint in the PA Action alleges, inter alia, wrongful death and negligence by a driver employed by Innovative Gourmet and indicates a demand and offer to settle for fifty million dollars.
−Removed: We expect that should a settlement occur the amount would be substantially lower.
+Added: We expect that should a settlement occur the amount to resolve the Action would be substantially lower.
The Company and its subsidiaries had auto and umbrella insurance policies, among others, that were in effect for the relevant period.
−Removed: While the initial response from the relevant insurance companies has been to provide coverage only under an auto policy, which has been fully offered, we intend to further aggressively pursue the Company’s and its subsidiaries’ insurance coverage under their umbrella and other available policies.
−Removed: In addition, the Company has been defending this action and believes that the likely outcome would result in any liabilities being covered by its insurance carriers.
+Added: While the initial response from the relevant insurance companies has been to provide coverage only under an auto policy (which has been fully tendered) and umbrella policy that covers one of the Company’s subsidiaries, we intend to further aggressively pursue the Company’s and its subsidiaries’ insurance coverage under their umbrella and other available policies.
+Added: The Company has brought an action for declaratory judgement against one of the insurance companies under which it had an umbrella policy so that the court can compel it to provide liability coverage.
+Added: In addition, the Company has been defending this action and believes that the likely outcome would result in the liabilities being covered by its insurance carriers.
However, if the Company was found responsible for damages in excess of its available insurance coverage, such damages in excess of the coverage could have a material adverse effect on the Company’s operations.
−Removed: On July 16, 2020, the court granted the Company's motion to stay the case through the final adjudication of an additional legal proceeding which may be brought in the future in connection with the events related to the case.
+Added: On July 16, 2020, the court granted the Company's motion to stay the case through the final adjudication of an additional pending legal proceeding against the driver in connection with the events related to the case.
It is not anticipated that the Company and its subsidiaries will be a party to any other legal proceedings in connection with this matter.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.