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Court Divided On Proper ' Occurrence ' Test Involving Food Contamination Lawsuits
date:Nov 12, 2012
viewed as part of the same causal continuum, without intervening agents or factors.

The Appellate Division affirmed a lower court decision that each of the personal injury claims constituted a separate occurrence.

Here, 30 victims were continuously and repeatedly exposed to diacetyl, the court observed. In the absence of policy language making it clear that any and all personal injury resulting from such exposure is to be regarded as a single occurrence, the exposure of the individual claiman

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