Excess Insurer: Suits Against McDonald’s Franchisee Arise From Separate Occurrences

(March 4, 2020, 12:21 PM EST) -- NEW YORK — A commercial liability umbrella insurer sued a commercial general liability primary insurer in a New York court on March 3, seeking a declaration that two wrongful death lawsuits over the consumption of contaminated food and beverages that were allegedly served by a McDonald’s franchisee employee who was infected with the hepatitis A virus (HAV) arise from separate occurrences and, therefore, that the amount the primary insurer paid in connection with one of the lawsuits does not reduce any of its per-occurrence limits applicable to the second action (RSUI Indemnity Company v. Aspen Specialty Insurance Company, No. 651439/2020, N.Y. Sup., New York Co.)....