Smucker’s Sixth Circuit Win Could Be a Double-Edged Sword, Law360

Partner Jeffrey Raskin was quoted by Law360 in an article examining a US Court of Appeals for the Sixth Circuit decision holding that an alleged salmonella outbreak tied to J.M. Smucker Co.’s peanut butter recall constituted a single occurrence for insurance coverage purposes.

The article explores how the ruling may affect future disputes over the number of occurrences under commercial general liability policies, particularly in product contamination cases. Jeffrey noted that the decision aligns with how courts typically analyze these claims when identical exposures arise from the same product and underlying issue.

“[T]he likelihood is . . . that there’s going to be a single occurrence in something like this, where you’re talking about identical exposures of the same product and the same problem,” he said.

Read the full Law360 article >>