date:Nov 12, 2012
use test.
There were no intervening acts of negligence by Valley Meats that occurred between the time Strike and Fenstermaker became ill, wrote U.S. District Judge Robert W. Gettleman. Because the damages for which coverage is sought result from the manufacture and sale of a defective product, 'the loss emanates from a single cause and there is but one occurrence.'
If you are struggling to understand the divergent decisions reached in the two cases above when the same test was applied, you're