Article
The Sixth Circuit Sides With Smucker On The Number Of “Occurrences”
The Sixth Circuit affirmed summary judgment for J.M. Smucker Company in a dispute over how many insurance retained limits applied to thousands of claims from a 2022 peanut-butter salmonella recall. ACE American Insurance argued each claimant's exposure was a separate occurrence, potentially requiring Smucker to satisfy up to $112.5 million in retained limits, while Smucker contended the contamination constituted a single occurrence under Ohio law's cause test.

Nossaman LLP
