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INTL. FLAVORS v. ROYAL INS.

46 A.D.3d 224 (2007)

844 N.Y.S.2d 257

INTERNATIONAL FLAVORS & FRAGRANCES, INC., Appellant, et al., Plaintiff, v. ROYAL INSURANCE COMPANY OF AMERICA et al., Defendants, and AMERICAN HOME ASSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 2007.

Attorney(s) appearing for the Case

Dickstein Shapiro LLP, New York City (Nicholas J. Zoogman of counsel), for appellant.

Mound Cotton Wollan & Greengrass, New York City (Ellen G. Margolis of counsel), for respondents.

SULLIVAN, NARDELLI and BUCKLEY, JJ., concur

OPINION OF THE COURT

TOM, J.P.

At issue on this appeal is whether personal injury sustained by workers employed at the same manufacturing plant resulting from exposure to a toxic substance found in butter flavoring should be considered a single "occurrence" for the purpose of applying a deductible under insurance policies affording products liability coverage.

Plaintiffs International Flavors & Fragrances, Inc. (IFF) and Bush Boake Allen, Inc...

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