E. Coli Claims Deemed Single "Occurrence"
Western World Ins. Co. v. Wilkie, 5:06-cv-64 (E.D.N.C. November 1, 2007)
A federal district court has ruled that claims against a petting zoo arising out of outbreak of e. coli only triggered a single “occurrence” limit. Applying a “cause” test, Judge Howard ruled that claims by numerous children who came into contact with fecal matter in the course of a week while visiting the petting zoo at the state fair all of the claims arose out of exposure to the same general harmful conditions (the presence of e. coli at the zoo).
