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Liability Outbreaks from Foodborne Illness

When foodborne illness strikes, an insurer must decide whether to address the ensuing claims as one occurrence or multiple.

By David D. Thamann, JD, CPCU | Updated on January 28, 2013

Every once in a while there are reports of people becoming ill after eating something, whether it be hamburgers, chicken, or certain fruits or vegetables. The foodborne illness usually affects multiple people in multiple areas, even when the illness comes from one source. Such illnesses can then lead to multiple injury claims against that one source. The insurer of that source then must decide whether to address the claims as one occurrence or multiple occurrences.

As an example, consider the case of Republic Underwriters Insurance Company v. Moore. Here, the County Cottage Restaurant was preparing and serving E. coli-contaminated food between Aug. 15 and Aug. 24, 2008. Some 341 people were infected: 21 consumed food at a church gathering catered by the restaurant, while the rest became sick after eating at the restaurant. Were the bodily-injury claims that were submitted a result of one occurrence or multiple occurrences?

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