The court considered the number of occurrences when food infecting several hundred people with E. coli was prepared and served at two different places. Republic Underwriters Ins. Co. v. Moore, 2012 U.S. App. LEXIS 14907 (10th Cir. July 20, 2012).

   The insured restaurant prepared and served E. coli-contaminated food between August 15 and August 25, 2008. Three hundred, forty-one people were infected, 21 of whom ate at a church gathering catered by the restaurant. There was one fatality.

   The insurers argued that the entire contamination period constituted one continuing occurrence as defined by the policies. The event giving rise to all the alleged injuries was the restaurant's preparation, handling, or storage of food that purportedly became contaminated with E. coli.

   The restaurant relied on an investigation report which was inconclusive as to how the bacteria contaminated the restaurant. The report suggested multiple likely contributing factors, including contamination by food-handlers, as well as cross-contamination from food-preparation equipment, counter surfaces and storage areas.

   The magistrate judge found two occurrences because two separate locations were used to prepare and serve the food.

   The Tenth Circuit reversed. As long as the injuries stemmed from one proximate cause, there was a single occurrence. Here, all the injuries were proximately caused by the restaurant's ongoing preparation of contaminated food. Therefore, there was only one occurrence.