Popcorn Worker Claims Treated As Separate Occurrences
The Appellate Division of the New York Supreme Court has ruled in International Flavors and Fragrances, Inc. v. Royal Ins. Co. of America, (App. Div. October 30, 2007) that claims by toxic tort claims presented by workers in a microwave packaging plant who suffered respiratory injuries as the result of exposure to a popcorn butter flavoring additive were separate “occurrences” and therefore required the insured to pay separate “occurrence” deductibles for each claim. In keeping with the Court of Appeals’ recent GE decision, the court ruled that these claims could not be grouped as a single “occurrence” since they involved exposures that occurred in different places over a period of many years.
