NY Distillery Wins Key Insurance Ruling on Barrel Collapse Coverage; Time to Check Your Coverage for This Issue

A federal court in New York delivered a major win for beverage producers facing insurance disputes over barrel storage. In Vale Fox Distillery LLC v. Central Mutual Insurance Co., Judge Cathy Seibel held that a distillery’s insurance policy provided coverage when racks of aging whiskey collapsed, destroying more than $2.5 million worth of product.

The Whiskey Barrel Collapse at Vale Fox

Vale Fox Distillery, based in Poughkeepsie, invested years in its single malt program. In December 2023, racks holding sixty barrels gave way, sending whiskey crashing to the floor and damaging interior walls. Fifty-two barrels burst, erasing years of production.

The distillery had purchased an Industrial Processing policy from Central Mutual with over $5.65 million in coverage for personal property and stock. That policy included an “Additional Coverage – Collapse” provision. Vale Fox immediately filed a claim, but Central Mutual denied it, citing exclusions for wear and tear, corrosion, and latent defects.

Investigators hired by the insurer confirmed that corrosion played a role but also identified incomplete welds in the racks — defective construction that contributed to the failure. Despite this, the insurer refused coverage, forcing Vale Fox into litigation.

Judge Seibel’s Reading of Collapse Coverage

The central fight involved whether “abrupt collapse” coverage applied only to buildings or also to personal property such as racks. Central Mutual argued the language excluded Vale Fox’s loss. The court rejected that reading.

Judge Seibel explained that Section 5 of the collapse coverage specifically extends protection to personal property that falls, provided defective construction or similar causes contribute. Interpreting the clause otherwise would render Section 5 meaningless. Because Vale Fox’s racks failed due to defective welds and the weight of whiskey barrels, the court ruled that coverage existed.

Equally important, the court found that general exclusions for wear and tear and corrosion did not override this additional coverage. Specific collapse coverage trumped general exclusions.

Valuation of Lost Whiskey Remains Unresolved

The case did not resolve everything. Vale Fox sought valuation under the policy’s Manufacturer’s Selling Price endorsement, which values “finished ‘stock’” at selling price rather than replacement cost. Central Mutual insisted that only bottled, ready-for-sale whiskey qualified. The court ruled the term “finished ‘stock’” ambiguous and left the issue for later proceedings.

Why This Matters for Distilleries, Wineries, and Breweries

This opinion matters far beyond a single New York distillery. Any producer aging product in barrels or tanks faces structural risks. Insurance contracts often use building-oriented definitions that fail to reflect the realities of beverage storage. Vale Fox shows that courts can interpret collapse coverage broadly enough to protect producers when racks or casks fail.

The valuation issue provides another lesson. Policies pegged to “replacement cost” rather than selling price may not cover the true value of lost aging spirits, wine, or beer. Producers should review endorsements, clarify definitions of “finished stock,” and work with brokers to ensure their coverage matches their business model.

Takeaway for Beverage Producers

Vale Fox demonstrates the stakes of policy language. A single collapse can erase millions in inventory. Distilleries, breweries, and wineries should not assume “collapse” means only building failures, nor should they wait until litigation to discover whether “finished stock” includes product aging in barrels. Careful policy review with brokers and counsel now can prevent devastating gaps later.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Tucker Ellis LLP, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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