The Sixth Circuit found that an alleged salmonella outbreak that possibly contaminated J.M. Smucker Co. peanut butter constituted a single occurrence, freeing the company from paying a multimillion-dollar retainer but potentially binding other policyholders to mixed future outcomes.
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Seth Lamden of Blank Rome, who represents policyholders, said that any ambiguity in policy language is going to be construed in favor of maximizing coverage, and since this case involved self-insured retentions that limit coverage, it was required to determine the issue of "occurrences" in the company's favor.
"This case reinforces a basic principle of insurance law, which is if an insurance company wants to specify how occurrences are counted, it must do so in clear, unmistakable language," he said.
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"Smucker's 6th Circ. Win Could Be a Double-Edged Sword," by Abraham Gross was published in Law360 on July 9, 2026.